Nuisance: When Does Strict-Liability Apply?
NUISANCE AS A TYPE OF LEGAL INJURY Under Texas law, the term“nuisance” refers not to a defendant’s conduct or to a legal claim or cause of action but to a […]
NUISANCE AS A TYPE OF LEGAL INJURY Under Texas law, the term“nuisance” refers not to a defendant’s conduct or to a legal claim or cause of action but to a […]
WHAT IS A NUISANCE? “A ‘nuisance’ is a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.” […]
WHAT ARE STIGMA DAMAGES? Sometimes a property’s history or other outside influence creates an adverse public perception. This negative impact translates to diminished value or marketability based upon perceived risk […]
Somebody sent this to me, and I wanted to pass it along. I’m not sure of the origins of this prayer (or if St. Thomas More had anything to do […]
File this under curious and confusing. On May 2, 2018, the Fifth Court of Appeals (Dallas) issued an opinion that has left real estate professionals scratching their heads. The Dispute In […]
THE JUDGE By Trey Wilson -I- From his elevated position, the Judge glowers down at the courtroom, bespectacled and with furrowed brow surrounded by tufts of stringy grey. Wrinkles line […]
When a Buyer of real estate breaches a purchase and sale agreement (a Contract), the Seller frequently suffers damages. Often, those Seller damages may be compensated by the earnest money, […]
The FBI reports that illegal property flipping schemes involving straw buyers are rampant. The scheme involves a fraudulent “investor,” a straw buyer, a compromised appraiser, and an unsuspecting lender. In […]
Benjamin Franklin famously wrote that “time is money.” While generally true, this statement has some significant exceptions, including time expended by parties involved in lawsuits. An absolute truth about lawsuits […]
The purchaser of residential property sold to satisfy a homeowners association (“HOA”) lien recently learned an expensive lesson about inflating redemption costs. On November 29, 2017, San Antonio’s Fourth Court […]
In many cases involving real estate, the value of real property (whether a home, unimproved property or acreage) is of critical importance for proving loss, damages or another ultimate issue […]
Many times restrictive covenants (deed restrictions), easement rights and other rights or burdens on real property are said to “run with the land,” or are otherwise characterized as “running with […]
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