Easements are a common occurrence in Texas property law, and they are defined as a right, privilege, or advantage that exists independently of ownership rights in real property. An easement, in most cases, allows for the usage of land in a specific way. What are the...
Gift deeds are one option in Texas for transferring real property to someone who is not included on the original deed. They can be either a special warranty deed or a general warranty deed. The gift deed transfers property ownership as a gift. The person making the...
The question before us whether the implied warranty extends to subsequent purchasers. It does cover latent defects not discoverable by a reasonably prudent inspection of the building at the time of sale. Why? Because: (1) a builder should be in business to construct...
Owning a home is a goal for many, but the journey from finding a home to moving into it is often complicated. Even if the buyer and seller agree on a selling price, the contract can fail for a variety of reasons. One of the reasons why a sale can fail is that there is...
What happens if someone trespasses and causes damages to your property? Trespass to land occurs when one party enters another party’s property without consent. There is no need for substantial injury to have occurred. To prove your trespassing case, you typically must...
What is an arbitration? Arbitration is a type of conflict resolution where arbitrators conduct a hearing so that both parties may present their issues. This is typically seen when a conflict arises that the parties cannot resolve by themselves. The arbitration process...
Should you include a liquidated damages clause in your contract? A liquidated damages clause in a contract refers to a specific amount of damages that parties agree upon in advance will be assessed in the event of a contract breach. Liquidated damages clauses are...
What is a suit on sworn account? A suit on a sworn account is effective in cases where one party is owed money on an account. It is typically seen in an open account or other claim for goods including any claim for a liquidated money demand based upon written contract...
Do I have a warranty on my new home build if the warranty is not in the contract? The implied warranty of habitability requires good and ethical performance by the contractor resulting in habitability in the residence. In construction, a plaintiff can recover on a...
What is a commercial lease? Commercial leases are designed to clearly establish each party’s rights and responsibilities. Most commercial leases in Texas are proposed and drafted by the property owner. Because there is no standard format for a commercial lease, the...
