Texas A&M–San Antonio — Land Assembly, Southside Strategy, and Higher Ed Land Law

Texas A&M–San Antonio: Land Assembly, Southside Strategy, and Higher Ed Land Law By Trey Wilson, Real Estate and Water Law Attorney | San Antonio, TX The creation of the Texas A&M–San Antonio campus on the city’s South Side more than an investment in higher...

Breaking the Bundle: How Texas Property Ownership Can Be Divided

  Breaking the Bundle: How Texas Property Ownership Can Be Divided By Trey Wilson, Texas Real Estate and Water Lawyer When people talk about “owning land” in Texas, it’s easy to assume that means they own everything associated with a property —the dirt, the...

Accrual Date for Injury to Land Claims

  When Your Land is Damaged by the Acts of Another, You have a Limited Time to Bring Suit. By:  Trey Wilson, real estate attorney and water rights lawyer in San Antonio.   INTRODUCTION Like all claims recognized under Texas law, suits for damage to land are...

What is a “Casual Fence” in Texas?

What Is a Causal Fence in Texas? Introduction In rural Texas, fences do more than keep livestock in and neighbors out. They can become decisive legal battlegrounds—especially in boundary disputes and adverse possession claims. One concept that frequently arises is the...
Right to Force Easement Relocation Coming to Texas?

Right to Force Easement Relocation Coming to Texas?

INTRODUCTION TO THE UERA For years now, a group of interested parties including attorneys have made a nationwide push to adopt a uniform procedure providing for the relocation of some easements.  I learned in a recent Bar Association meeting that the initiative to...

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BILL INTRODUCED: NO HOA FINES DURING WATER RATIONING

BILL INTRODUCED: NO HOA FINES DURING WATER RATIONING

The Texas Legislature has just begun its 89th Session, and proposed legislation has already been introduced to limit the ability of Texas property owners' associations to impose fines for dried or browning vegetation during drought periods. House Bill 359 by Rep....

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Visual Nuisance Claims Disallowed in Windfarm Case (Again)

Visual Nuisance Claims Disallowed in Windfarm Case (Again)

  INTRODUCTION  In an Opinion issued on December 12, 2024, Texas' 11th Court of Appeals out of Eastland, Tx. upheld the trial court's dismissal of landowners' claims that the visual appearance of a neighboring windfarm project constituted a nuisance. According to the...

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Nuisance Claims Against Ag Ops Are Tough

Nuisance Claims Against Ag Ops Are Tough

TEXAS PUBLIC POLICY FAVORS AGRICULTURE Texans are fond of saying that the Lone Star State is "Open for Business."  This tag line is often used by politicians to signify that Texas laws promote business and are welcoming for companies who desire to operate here....

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Writing a Winning Letter – Defense of Flooding Claim

Writing a Winning Letter – Defense of Flooding Claim

Our client owns a shopping center, and was accused of flooding a neighboring property in violation of Chapter 11 of the Texas Water Code. The Plaintiff also claimed trespass by entry of water onto their land. We filed a Motion for Summary Judgment seeking dismissal on...

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Who Owns the Groundwater Under Texas Lands?

Who Owns the Groundwater Under Texas Lands?

HOW IS THE GROUNDWATER ESTATE CHARACTERIZED RELATIVE TO LAND? The Texas Supreme Court has stated that percolating  water is a "part of, and not different from, the soil" and the landowner is the "absolute" owner of it. Houston & T.C. Ry. Co. v. East, 98 Tex. 146,...

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Easement by Estoppel in 5 Cases

Easement by Estoppel in 5 Cases

Podcast Link: To learn more about this topic, join the conversation by listening to my Podcast Episode.  Introduction: These five Texas court cases provide insights into different types of easements, requirements for their establishment, and relevant legal arguments....

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Texas HOA Can’t Totally Prohibit Political Signs

Texas HOA Can’t Totally Prohibit Political Signs

It's election season, which means the airways, radio waves, social media and corners are filled with campaign ads urging you to vote for this political candidate or that proposition.  If you have made any political donations in the past, chances are your text messages...

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Obtaining Case Dismissal on Limitations Grounds

Obtaining Case Dismissal on Limitations Grounds

What is Limitations? "Limitations" refers to the period within which a Plaintiff must file a lawsuit. Failure to file suit within the applicable limitations period can render the suit time-barred. The existence of limitations periods is grounded in the notion that...

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Difference between Public and Private Nusiance

Difference between Public and Private Nusiance

WHAT IS A "NUISANCE" IN LEGAL TERMS? Under Texas law, a “nuisance” is a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to a person of ordinary sensibilities attempting to use and enjoy it....

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Jury Questions for Private Nuisance Claim in Texas

Jury Questions for Private Nuisance Claim in Texas

What is a Private Nuisance? In private nuisance, a defendant’s conduct substantially interferes with the use and enjoyment of real property owned by an individual or small group of persons. Private nuisance "may, for example, cause physical damage to the plaintiffs’...

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5 Reasons Real Estate Mediations Fail

5 Reasons Real Estate Mediations Fail

These days, Mediation is ubiquitous in civil lawsuits. The local court rules of most Texas counties require mediation, and the state's policy has been made clear by statute: Sec. 154.002. POLICY. It is the policy of this state to encourage the peaceable resolution of...

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Proof for Prescriptive Easement Same as Adverse Possession

Proof for Prescriptive Easement Same as Adverse Possession

HOW IS AN  EASEMENT BY PRESCRIPTION ACQUIRED? A person can acquire a prescriptive easement if he uses someone else’s land in a manner that is adverse, open and notorious, continuous, and exclusive for the requisite ten-year period. Brooks v. Jones, 578 S.W.2d 669, 673...

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Railroad Company’s Duty to Warn at Crossings

Railroad Company’s Duty to Warn at Crossings

RAILROAD COMPANY's DUTY TO WARN Railroad companies have a general legal duty “to give adequate warning of approaching trains, given whatever obstructions or other conditions exist.” Mo. Pac. R.R. Co. v. Limmer, 299 S.W.3d 78, 92 (Tex.2009). Because “every railroad...

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Jury Questions for Trespass Claim in Texas

Jury Questions for Trespass Claim in Texas

Why Study the Jury Charge? Before taking a case to trial, or even filing a lawsuit, it is critically important to understand the specific questions that jurors will be asked to answer. The juror's answers to the questions related to a specific claim or cause of action...

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