If you did not already realize, Texas is a buyer beware state when it comes to purchasing real estate. Thus, an Earnest Money Contract necessary in a real estate transaction. Once you have settled on a home or commercial property you want to buy and have negotiated the basic terms of the purchase, your agreement …
Occasionally I run into situations between unmarried individuals owning property together. This can be a result of two or more people purchasing property together, but more often it is a result of two or more people inheriting property from a deceased individual. Attorneys often face co-ownership issues when advising on inheritance and probate avoidance. Inheritance …
I have done several columns on laws and topics Texas landowner need to be familiar with now that they own a piece of Texas and may have ventured into an ag business. This week, I thouht I would cover mortality insurance for livestock. In simple terms, livestock mortality insurance generally covers the premature death of a covered …
Occasionally, I am approached by someone who wants to convey property by an Assumption. An Assumption is a means by which a Buyer may assume or take over the mortgage of the Seller. The parties will exchange an Assumption Deed which provides the Buyer title to the property with the requirement to make the Seller’s …
Recently, I met with clients that had discovered their property line was not where they thought. This is a common dispute between property owners and underscores the importance of having a survey prepared when buying property. The title company will not cover encroachments and discrepancies in property lines without a current survey. My discussion with …
Everybody thinks it won’t happen to them. Or rather, everybody knows it’s going to happen to them eventually, but nobody thinks it’s going to happen tomorrow, or next week, or even next year. The “it” of which I speak is, of course, death. It is this perceived immortality that allows so many people to put …
Continue reading “The Comfort That Comes With Planning Ahead”
I have never been a fan of Reverse Mortgages. Reverse mortgages, usually obtained from financial institutions, allow people who are at least 62 years of age to convert their home equity into cash, which is received by the homeowner either as a lump sum, a line of credit, or monthly payments. The loan becomes due, …
Continue reading “ESTATE PLANNING WITH PRIVATE REVERSE MORTGAGES”
Real estate is as HOT as the temperatures here in Texas. You hear of property selling before it is on the market. But don’t get in too big of a rush. What if you learned after you spent what is typically the largest expenditure in a person’s life, that your deed was not valid or …
A common legal myth that is often heard in cafes and barber shops around Texas is that property cannot be landlocked because a neighboring landowner is required to allow entry. This is simply false. Understanding this can be important for both the landlocked owners and neighboring landowners so that each party understands his or her rights.
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.
