The Weaver Law Firm

Houston 713.454.7875

san antonio 210.807.8932

Real Estate Archives

Can I adversely possess property with a fence?

In a recent case, a plaintiff attempted to rely on her maintenance of a fence that was in place when the parties took ownership of the property as evidence of her open and hostile adverse possession of the property. Texas courts have repeatedly found that maintenance of a casual fence does not create a designed enclosure, nor does it begin the running of the statute of limitations for adverse possession against cotenants. "Under the applicable case law, there are two kinds of fences: "casual fences" and fences that "designedly enclose" an area. If the fence existed before the claimant took possession of the land and the claimant fails to demonstrate the purpose for which it was erected, then the fence is a "casual fence." Repairing or maintaining a casual fence, even for the express purpose of keeping the claimant's animals within the enclosed area, generally does not change a casual fence into a designed enclosure. A claimant may so change the character of a casual fence that it becomes a designed enclosure, and evidence of such a substantial modification is sufficient to support a jury finding of adverse possession. However, we have neither been cited to nor found a case that establishes whether or when modification requires a finding of adverse possession as a matter of law." Rhodes v. Cahill, 802 S.W.2d 643, 646 (Tex.1990) (quoting Orsborn v. Deep Rock Oil Corp., 153 Tex. 281, 288-89, 267 S.W.2d 781, 786 (1954)).

Lawsuits filed over Addicks and Barker dam water releases

A group of Harris County homeowners and businesses sued the federal government on Tuesday due to the flood. The claim is that the U.S. Army Corps of Engineers knowingly condemned their properties by releasing water from the Barker and Addicks reservoirs after Hurricane Harvey.

Pitfalls in equity financing and loan transactions for real estate investment.

Loan Transactions / Financing
. During the purchase and sale process, clients utilize attorney services to assisting them in reviewing the financial documents associated with the real estate purchase. Also, at the time of closing, an attorney's review of the closing documents sometimes shows that the closing documents are not always accurately prepared in association with the details of the loan.
 Even after the closing, certain issues regarding national bank loans come to controversy. Attorneys represent homeowners in defending against mortgage lender claims, some which include issues of non-payment or loan modifications. Even during the loan modification process, we find that the lender's right hand often does not speak with its left hand. Often times this means that while a loan modification is supposedly underway, the lenders are still instituting their foreclosure action. Attorneys also assist in short sales if needed to protect the client. We assist clients in arraigning seller-finance deals, putting together the deed, note and deed of trust. Part of this process sometimes begins where the parties originally want to arrange a contract for deed, but after the Texas Property Code requirements are explained, a seller-finance situation is preferred.

Oil & Gas title searches and examinations

Individuals interested in oil & gas title searches and examinations will often consult a real estate lawyer with land man experience to understand the often-complex county record filings. Out law firm experience involves situations where individuals believe that they have an oil and gas royalty interest in real property by inheritance, but are uncertain as to the matter. We perform the title search to determine who truly has the royalty interest and by what percentage. 
In non-oil and gas matters, the issue of title is involved in every purchase and sale. We work with client often referred to us by title companies like Fidelity National Title to assist in clearing title problems. We perform the title search to determine whether there is a clear title or a break in the chain. Often times in the process, we determine whether there are existing liens that cloud the title and prevent the sale of real estate. In all these situations, we advise the client on how to proceed if the title is not clear or if there is a break in the chain of title.

Paid but the Seller in a For Sale by Owner won't give Deed?

Often the author receives calls from individuals complaining that they entered into a "For Sale by Owner Agreement" also known as a "Contract for Deed." The clients often state that they have paid the seller all of the money owed under the agreement but that the Seller has not or will not convey title. Sometimes the Seller becomes deceased and obtaining title becomes more of a challenge. It often requires court intervention.

5 pointers when listing your home for sale by owner

Choosing between selling a home yourself or hiring an agent is a big decision. Preparation is the key in either case; however, the preparation pointers are different in each situation. When you decide to sell your home in a for sale by owner arrangement, consider these five tips to help you get ready.

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