Texas Land Distinctions Flashcards
Maximum Tolling Period
Unlike everyone else, Texas has a maximum tolling period of 25 years.
Adverse Possession with Permission
A person may establish title by adverse possession after a permissive entry by showing three additional elements. They are:
- The permissive relationship has been repudiated
- The Repudiation and adverse claim have been communicated to the person who gave permission and
- Adverse possession has continued for the prescribed number of years after that date.
Creating a Prescriptive Easement
Normally takes 20 years, only takes 10 years in Texas
What is the Adverse Possession Defined as?
The actual and visible appropriation of real property, commenced and continued under a claim of right, that is inconsistent with and hostile to the claim of another. Claim must also be peaceable, which has the same meaning
What is required to establish Adverse Possession in 5 years
Pay property taxes on the property you are adversely possessing
What is the status of title obtained through Adverse Possession?
Unmarketable because its existence cannot be established through a Title search. May be MADE marketable by a judgment quieting title in the adverse possessor from a court.
What constitutes actionable fraud that would justify the cancellation of a deed?
- Knowingly or recklessly making a false representation of a material fact; OR
- A promise to perform an act in the future, if the promise is material and made with the present intention not to perform.
Forged deed is void and does NOT pass title. NOT even to a BFP!!!
What is a Transfer on Death Deed?
A way to pass property and avoid probate administration. Also does not alter the Transferor owner’s rights in the property and they may transfer, encumber, or revoke the deed as they choose. It MUST be recorded tho.
What is the effect of a Quitclaim Deed in Texas?
Puts Grantee on inquiry notice
What is a Quitclaim deed and what may it NOT do?
Quitclaim deed is the transfer of grantor’s rights in the property, NOT the property itself. This is usually in the Joint Tenancy. Any purchaser of a Quitclaim deed does NOT create a bona fide purchaser.
What is the Lien Theory?
A creditor is not regarded as having title to the property securing the debt, but only receives a lien on the property
What are the three limits to the Absolute Ownership Doctrine as it relates to Groundwater?
A landowner CANNOT
- Pump or use groundwater in a wasteful manner
- Pump maliciously with the intent to cause harm to a neighbor, or
- Cause a neighbor’s land to subside by his neglect or malicious pumping
What is the procedure for perfecting a Mechanic’s lien?
A person claiming a statutory mechanic’s and materialman’s lien must file a signed affidavit with the clerk of the county in which the property is located no later than the 15th day of the fourth calendar month after the day on which the indebtedness occurs. The affidavit must contain:
- Sworn statement of the amount of the claim
- Names and addresses of the owner, original contractor, claimant, and claimant’s employer
- General statement of the kind of work done and materials furnished AND
- A legal description of the property sought to be charged with the lien.
When may creditors force a sale of a homestead?
- Purchase money
- Taxes due on the homestead
- Improvements to the homestead
- Owelty of partition
- Refinance of previously premitted debts
- Home equity loan
- Reverse mortgage
- Liens manufactured homes that were refinanced and converted into real property liens
What is an Owelty Partition?
The money paid by one of the two co-owners to the other when an equal partition of the property cannot be made. If the parties are subject to a court order or a written agreement concerning the partition, the homestead is subject to a forced sale to satisfy the obligation. Typical in a divorce proceeding.
