Reliable Real Estate Representation
Last updated on May 19, 2026
The dedicated team of attorneys at The Weaver Law Firm are ready to get to work on your real estate issues. Our practice focuses on litigation.
We resolve disputes between buyers and real estate agents or brokers, including disputes over agent agreements. We resolve boundary line disputes. We are experienced in resolving a variety of real estate disputes. We overcome challenges. That is what we do.
Table of Contents
Representation In All Types Of Real Estate Litigation
We represent real estate agents opposite clients and the Texas Real Estate Commission. Our work also includes the representation of individuals against real estate agents and real estate management companies for breach of fiduciary duty. We have brought verified claims and applications to courts for orders directing payment of judgment from the Real Estate Recovery Trust Account in accordance with Subchapter M, Chapter 1101 of the Texas Occupations Code.
We also handle easements, including utility easements. In real estate transactions, there are often situations in which sellers and developers are sued for allegedly selling real estate property without disclosing easements – even though the purchaser obtained their own survey reports. We work to prevent and resolve these types of disputes.
We also handle situations in which individuals believe that they have oil and gas royalty interests in real property by inheritance but are uncertain as to the extent. Our researchers can conduct title searches and examinations to determine who has the royalty interest.
Our Texas real estate lawyer’s experience in landlord-tenant matters includes representing both landlords and commercial tenants negotiate leases. We assist commercial landlords in situations dealing with tenant breaches or tenant’s failure to pay rent. We help commercial and residential landlords in tenant lockouts and evictions. We help landlords understand their responsibilities as required by the Texas Property Code. Oftentimes, landlords engage in wrongful lockouts of tenants and wrongfully withhold rental deposits. We help them follow the procedures required by the Texas Property Code.
Our real estate law firm also represents clients with zoning, restrictions and land use planning concerns such as seeking amendments or variances to deed restrictions. For example, we can assist clients who want to change the use limitation on residential lots to a commercial lot. We assist clients whose goal is to have their property exempt from certain constraints contained in the restrictions, which limit the use and nature of the real property.
Transactional Real Estate Services
In addition to our real estate litigation work, The Weaver Law Firm serves buyers, sellers, investors, developers, builders, contractors and others in all matters involving residential and commercial real estate, including:
- Real estate disputes
- Commercial leases
- Closings
- Landlord-Tenant disputes
- Purchase and sale agreements
In potential purchase and sale situations involving individual purchasers and a builder/developer purchaser, our real estate attorney can review deed restrictions for matters limiting the use and causing certain building restrictions. We advise clients on restrictions. Our real estate law firm advises clients on the current status of land use, whether residential or commercial and advises on the process for change.
Frequently Asked Real Estate Questions
Real estate investments are highly important. In fact, your real estate purchase doesn’t have to be an investment at all; it can be your home. Regardless, the property comes with complexity, complexity leads to questions, and we want to help you understand a bit more about your situation by giving you answers to these common questions:
What is the Texas Property Code, and why does it matter?
The Texas Property Code is the state statute governing real property transactions, landlord-tenant relationships, homeowners’ associations and property rights. This comprehensive law establishes requirements for lease agreements, security deposit handling, eviction procedures, disclosure obligations and numerous other real estate matters. Understanding the property code protects both property owners and landlords from legal violations that could result in penalties or litigation.
What are covenants, conditions and restrictions?
CC&Rs, also known as deed restrictions, are private agreements that govern property use within subdivisions or planned communities. These recorded documents establish rules regarding architectural standards, permitted land uses, maintenance requirements and prohibited activities. Homeowners’ associations typically enforce CC&Rs and may levy fines or pursue legal action against violators. Before purchasing property, buyers should carefully review applicable CC&Rs to understand limitations on their intended use. Real estate attorneys can interpret and explain your deed restrictions.
What are easements?
Easements are interests in land that is owned by another person. Easements are areas of land that is a part of your property that others can use. Often easements are granted under the law to access the property, such as a person needing to build a driveway over a part of your property to reach theirs. Other times, easements are for commercial use. Easements can cause a great deal of tension between neighbors. Sample types of easements are utility easements for the benefit utility companies and public easements like side walkers.
What is an encroachment?
An encroachment occurs when a structure or improvement on one property physically intrudes onto a neighboring property without permission. Common examples include fences built over the boundary line, building additions that extend past property lines, tree branches or roots crossing into adjacent land, and driveways or pathways that cross onto neighboring parcels.
Encroachments often go unnoticed until a property survey reveals the violation during a sale or refinancing. Resolving encroachments may require negotiating with neighbors, obtaining retroactive easements, removing the offending structure or pursuing litigation. Title insurance may not cover losses from encroachments, making professional surveys essential before purchasing property.
What is a property lien?
A property lien is a legal claim against real estate that secures payment of a debt or obligation. Liens attach to the property itself rather than the owner personally, meaning they typically must be satisfied before the property can be sold or refinanced. Common types include mortgage liens held by lenders, tax liens filed by government entities for unpaid property taxes, mechanic’s liens filed by contractors for unpaid construction work and judgment liens resulting from court judgments. Liens create clouds on the title that prevent clear ownership transfer and can lead to foreclosure if left unresolved.
What happens if I need to re-zone my property?
If you need to change the zoning on your property, you will have to closely review the laws of your municipality. In other situations, your property may be prohibited by deed restrictions from being used as a commercial property. Sometimes there are allowable procedures to change a residential zoned property into one for commercial use.
How will environmental regulation impact my property?
Local and federal laws all have an impact on your ability to use and enjoy your property. Whether it is a residential use or commercial one, you must be aware of any legal issues. Whether you are developing a data center, a commercial development project or purchasing your first home, it is important to know the recent laws that may affect your purchase or use of real estate in Texas.
How do I secure commercial financing?
Commercial financing is one of the most complex pieces of purchasing property. Often commercial real estate is extremely expensive, and this may require greater investment from one or more financial institutions. We can help review and consult or draft financing agreements to acquire your targeted property.
Experience | Loyalty | Communication | Results
We understand that the primary goal in all real estate matters is the achievement of positive results. Our attorneys have the experience necessary to achieve the results our clients need. Our clients also appreciate our loyalty, as well as our honest communication of information.
Our attorneys are available to represent clients in Houston, San Antonio, Harris County and the surrounding communities of Texas.
Put Texas real estate law to work for you. Call Richard D. Weaver at The Weaver Law Firm at 713-572-4900. You can email us using this online form.
Related Posts
How to respond to an HOA violation letter
Many people live in communities ruled and regulated by homeowner associations (HOA), an organization in a subdivision, planned community or condo. A homeowner association typically sets restrictions on properties in their jurisdiction that each resident must abide by....
Did a seller of real property fail to disclose information about your home?
After entering into an agreement, did you receive disclosures that did not match what was discovered? You may have a breach of contract or negligent misrepresentation. You may have a fraud claim if the failure to disclose was intentional. Did your inspector fail to do...
What is fraudulent inducement?
What is fraudulent inducement? Fraudulent inducement occurs when one party uses deceptive claims to persuade another party into signing a contract against their best interests. Because fraud violates the requirement of the contract’s “meeting of the minds”, the...
Types of Easements
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...
What are Gift Deeds?
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...
Implied Warranty from Construction Builder?
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...
What happens when a buyer’s offer leads to a major appraisal gap?
As a real estate agent, your job is to help buyers find the right property and then manage the sometimes complicated process of submitting a bid and closing on the home. In recent years, a shortage of adequate housing supply has meant that it takes longer for buyers...
What is Clear Title or Marketable Title?
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...
How to Calculate Damages in Cases of Trespass
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...
Arbitration in Construction
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...

