There are a number of steps for a landowner to consider in order to protect himself or herself from liability. Importantly, there is no magic solution that will ensure a landowner will never be liable for injury. Further, there is nothing a landowner can do to prevent a person from filing suit against the landowner.
A common concern for any Texas landowner is when they may be held liable if someone is injured on their property. Landowners often ask, “What can I do to protect myself in the event this occurs?” It is important for landowners to understand the duty the law imposes on them for each person entering their land. Additionally, there are a number of steps landowners can take in order to protect themselves and their operations from liability. This week I will deal with a look at the most common legal claims.
An area of law I am often questioned about revolves around building, replacing and maintaining fences. So I thought it would be an excellent subject for a column this week. Texas law does not require neighboring landowners to share in the costs or future maintenance of a boundary fence, unless a landowner has agreed to …
In the past, a common method of seller financing was through a Contract for Deed. In this transaction the seller and purchaser enter into an agreement that the purchaser will make payments over time and once a certain amount is paid the seller will deed the property to the purchaser. If you have previously or …
You would not believe what I have found right here in Walker County, Texas with regards to property records. Hand written, homemade, or instruments that have nothing to do with what they state they are, all purporting to convey property. Just this week, I had a family trying to refinance their property. Issue was, a …
I enjoy reading my friend Mike Bradley’s Facebook post on home inspections. While they are humorous on the one hand, it is sad to think some homes are not inspected and expensive issues not found. Home inspections are a visual evaluation of a home from roof to foundation (Possibly basement, but rare in Texas). It’s …
While I love Tom Selleck and his Sackett movies, I do not believe he (or anyone in Hollywood) should be giving me financial advice. There is currently a marketing blitz targeting seniors to entice them into reverse mortgages. But, like the old saying goes, “If it sounds to good to be true, it probably is.” …
Last night I took my youngest son, Billy, to a Huntsville Independent School District Meeting. He is working on his Eagle Scout requirement and needed to attend a public meeting. Last night’s topic was on the recently passed bond and an overview of the construction process moving forward. While a very exciting time in Huntsville, …
What would you do if you found out someone filed a fraudulent deed with regards to your property? A deed filed by a minor or a person forging a signature of a deceased person purporting to convey the property. Such a fraudulent deed is a void deed, but that does not mean it has no …
One of the more common questions I get asked is “Do I need a survey for this transaction?” or “Will my old survey work?” In true lawyer-fashion….the answer depends. It is very important to have a good legal description of the property when performing a title exam. A street address or Tax I.D. number are …
