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Articles 61 - 78 of 78
Full-Text Articles in Property Law and Real Estate
Covenant Of Warranty Student Symposium: Texas Land Titles., Barbara E. Rosenberg
Covenant Of Warranty Student Symposium: Texas Land Titles., Barbara E. Rosenberg
St. Mary's Law Journal
The covenant of warranty runs with the land and is a guarantee by the grantor that title is vested in them and will vest in the grantee upon conveyance. Although the covenant of warranty is an indemnification for failure of title, in Texas it is the broadest of the deed covenants, encompassing the covenant of quiet enjoyment and the covenant against encumbrances. The covenant of warranty requires the grantor to defend title as well as to indemnify for its failure. When there is a warranted title after the conveyance is made, the grantor is estopped to assert this after acquired …
Specific Performance Is Not Automatically Available To The Vendor Of A Condominium Unit., Bobby L. Freeman
Specific Performance Is Not Automatically Available To The Vendor Of A Condominium Unit., Bobby L. Freeman
St. Mary's Law Journal
Abstract Forthcoming.
Equal Protection In Zoning - Restricting Dwelling Use To No More Than Two Unrelated Persons Is Constitutional., John Kenneth Sharber
Equal Protection In Zoning - Restricting Dwelling Use To No More Than Two Unrelated Persons Is Constitutional., John Kenneth Sharber
St. Mary's Law Journal
Abstract Forthcoming.
The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick
The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick
St. Mary's Law Journal
The status of specific items of property as separate or community property is a frequent subject of divorce litigation in Texas. Spouses will have unfriendly presumptions in favor of the community estate when separate property funds have been commingled. Rebutting these presumptions requires the spouse to trace the original separate property into the particular assets on hand at the time of the dispute. As Texas case law illustrates, however, tracing can be difficult, and a court’s strict adherence to it can cause harsh and often inequitable results. Although there have been instances of courts allowing less than specific tracing, these …
Compensation For Partial Takings In Texas., A. Chris Heinrichs
Compensation For Partial Takings In Texas., A. Chris Heinrichs
St. Mary's Law Journal
Abstract Forthcoming.
Mobile Home Financing., James N. Castleberry
Mobile Home Financing., James N. Castleberry
St. Mary's Law Journal
Abstract Forthcoming.
The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown
The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown
St. Mary's Law Journal
Abstract Forthcoming.
Public Impairment Of Right To Access Is Compensable., Larry W. Harrison
Public Impairment Of Right To Access Is Compensable., Larry W. Harrison
St. Mary's Law Journal
Abstract Forthcoming.
The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson
The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson
St. Mary's Law Journal
Jurisdictions have reassessed the validity of the common law rule of caveat emptor as it relates to landlord-tenant transactions. Courts have imposed the implied warranty of habitability in the wake of the common law rule’s inapplicability to modern leasing situations. The implied warranty better reflects that the modern tenant seeks the use of a habitable dwelling for a temporary period of time. The inability to provide needed changes to the rule through limited exceptions and modifications provides the backdrop for Texas’ rejection of the common law doctrine of caveat emptor. Moreover, the courts have concerns over the harshness of the …
Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario
St. Mary's Law Journal
Abstract Forthcoming.
The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson
St. Mary's Law Journal
Abstract Forthcoming.
Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery
Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery
St. Mary's Law Journal
Abstract Forthcoming.
Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan
Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan
St. Mary's Law Journal
This article compares and contrasts two different procedures courts use to ascertain a property's fair market value in an eminent domain proceeding. Twenty-seven states, the majority view, support the proposition that special but not general benefits may be deducted from any damages alleged to the remainder. However, neither special nor general benefits may be deducted from the value of the land taken. On the other hand, minority jurisdictions allow benefits to be set off from the total compensation awarded. These jurisdictions refuse to draw an artificial line between compensation for damages to the remainder and compensation for the land taken. …
Constitutional And Statutory Provisions Concerning Voter Qualifications As Consistently Construed By Texas Decisions, Do Not Violate But Strengthen The Equal Protection Clause Of The Fourteenth Amendment., Allen Cazier
St. Mary's Law Journal
Abstract Forthcoming.
The Texas Limited Partnership As A Vehicle For Real Estate Investment., Robert Leon Sonfield Jr.
The Texas Limited Partnership As A Vehicle For Real Estate Investment., Robert Leon Sonfield Jr.
St. Mary's Law Journal
The present trend of real estate investment is taking the form of utilizing the capital contribution of several persons rather than the former practice of an individual making such investments for his own account. These syndications, associations of several investors who combine their resources to acquire real estate property, allow for small investors to participate in real estate investment when they would not be able to otherwise. Syndications have available various legal forms, and it is essential that the syndication be structured in such a manner that it may achieved its desired goals. The ideal legal form for a syndication …
The Realities Of Contemporary Rental Agreements Require The Application Of Implied Warranty Of Habitability And Fitness As A Just And Necessary Implication From The Contractual Nature Of A Lease Of A Dwelling., V. Camp Cuthrell
St. Mary's Law Journal
Abstract Forthcoming.
Texas Statute Authorizes A Relocation Assistance Program To Compensate Owners When Moving From Property Taken In The Acquisition Of Right Of Way For Highways., P. Blake Hedblom
Texas Statute Authorizes A Relocation Assistance Program To Compensate Owners When Moving From Property Taken In The Acquisition Of Right Of Way For Highways., P. Blake Hedblom
St. Mary's Law Journal
Abstract Forthcoming.
The Contested Will Case., Fred Erisman