Mazurek, Belden & Burke, P.C. – Blog
IN TEXAS, CAN A COTENANT GRANT AN EASEMENT OR RIGHT OF WAY WITHOUT THE AGREEMENT OF THE OTHER COTENANTS?
To start, we should define what an easement and a cotenant are in the Lone Star State. Under Texas Law, an easement is a non-possessory interest in land that authorizes its holder to use property for a particular purpose, which is expressed within a grant. A common...
HOW DO I DETERMINE AN EASEMENT FROM A FEE CONVEYANCE?
Under Texas law, a Deed which conveys a tract or strip of land conveys the title to the land in fee. “Fee” is the short form of a fancy legal term “fee simple” which Black’s Law Dictionary defines as an interest in land […] being the broadest property interest allowed...
WHAT IS THE STRIP-AND-GORE DOCTRINE AND HOW DOES IT HELP DETERMINE OWNERSHIP OF A ROAD?
Texas is the second largest state in the United States of America, covering roughly 268,596 square miles with numerous roadways, easements, and highways. Texas is also a leading oil and gas producer and within such a large state, chances are that oil and gas activity...
RECORDING STATUTES IN TEXAS
O conveys Blackacre to A for value, but A does not record the deed. Thereafter, O conveys Blackacre, to B for value. B, without knowledge of the prior conveyance to A, promptly records his deed in the local county records. O has skipped town and is nowhere to be...
WHEN DO GIFTS LAPSE? A TEXAS GUIDE TO TEXAS ANTI-LAPSE LAW AND THE EFFECT OF RESIDUARY CLAUSES.
Under current Texas law, if a person (a “Testator”) leaves a part of their estate by Will to a “lineal descendent” (a child or grandchild); or to a “descendant of a Testator’s parent” (a brother or sister), and that descendent predeceases the Testator, the gift will...
PROPERTY DESCRIPTION REQUIREMENTS IN TEXAS
What is the difference between a lengthy metes and bounds property description, and a simple reference to a prior deed filed of record? Why does one property description take two pages, describing the length of each boundary, while other property descriptions are only...
CAN A WILL BE ADMITTED TO PROBATE AFTER 4 YEARS?
A Will, by itself, is not effective to convey title, possession, or interest in property. A Will must first be admitted to probate. Generally, under Texas law, a Will must be admitted to probate within 4 years of a person’s death. This process is known as “probating a...