The Fifth Amendment states, “nor shall private property be taken for public use without just compensation.” My initial, inexperienced impression was that this clause meant just what it said. And over the years, my conviction has not changed that this straightforward language indeed indicates an unequivocal truth—that the Constitution prohibits takings for private use. I …
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 …
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 …
Well, I have written about large power lines and pipelines coming through Walker County before and here we are in Walker County with another new pipeline project. This time a Bahia Pipeline LLC is putting in a major gas pipeline. Many of you may have been contacted in the last few months about access for …
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 …
Caregivers are an essential part of long-term care for older adults. We are all going to age and most will need some sort of care. However, there are precautions that should be taken. The most well-known form of caregiver is a family member or close friend who takes on the care of a loved …
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.
