Texas Real Property Flashcards

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1
Q

… POTENTIAL POLLUTION, and does not have to wait for actual pollution to occur.

A

… POTENTIAL POLLUTION, and does not have to wait for actual pollution to occur.

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2
Q

In Texas, common law joint tenancy __, but …

A

DOES NOT EXIST, but parties may contract for the right of survivorship.

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3
Q

In Texas, the implied warranty of habitability __, but …

A

DOES NOT EXIST, but Texas statutes require landlords to repair conditions that materially affect the physical health or safety of an ordinary tenant.

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4
Q

In Texas, residential tenants whose landlords have not repaired conditions that materially affect their physical health or safety may …

A

“…EITHER

(1) move out and terminate the lease without liabililty;
(2) stay, repair, and deduct the cost of repair;

or

(3) sue the landlord.”

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5
Q

Texas’s implied warranty of suitability covers …

A

… latent defects in the essential facilities of property under a commercial lease.

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6
Q

In Texas, tenants __ assign or sublet unless …

A

MAY NOT assign or sublet unless the language of the lease specifically provide for it.

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7
Q

In Texas, landlord’s statutory duty to repair extends to …

A

… any class of persons protected by the statute, even nontenants.

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8
Q

In Texas, the time period for a prescriptive easement is …

A

… 10 years.

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9
Q

In Texas, easements in gross __ be transferred, unless …

A

… CANNOT be transferred, unless the language of the easement expressly allows transfer or the easement is a conservation easement.

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10
Q

In Texas, an adverse possessor with color of title that pays all taxes may acquire title by adverse possession if he possesses for __ years.

A

5

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11
Q

In Texas, an adverse possessor without color of title and bare possession may acquire title by adverse possession if he possesses for __ years, but …

A

10 years, but his possession is limited to 160 acres unless a larger area is fenced in.

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12
Q

In Texas, an adverse possessor with color of title who pays all taxes while true owner was under disability may acquire title by adverse possession if he possesses for __ years.

A

25

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13
Q

In Texas, the maximum tolling period for disabilities is __ years, after which …

A

25 years, after which adverse possession begins to run even if owner remains under disability.

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14
Q

In Texas, the risk of loss once a contract of sale for property is signed is on …

A

… the person in possession at the time of the loss.

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15
Q

In Texas, a deed can be recorded if it is …

A

“… EITHER

(1) signed and notarized;

or

(2) signed by grantor and at least two witnesses.”

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16
Q

Texas has a __ recording act.

A

NOTICE

17
Q

In Texas, an installment land contract is usually called a …

A

… CONTRACT FOR DEED.

18
Q

In Texas, a mechanic’s and materialman’s lien has priority over …

A

… mortgages and other liens.

19
Q

In Texas, deficiency judgments are limited to …

A

… the difference between the debt and the fair market value of the property (and not between the debt and the sale price, as on the MBE).

20
Q

In Texas, sellers in a contract for deed after 2001 must …

A

“(1) give buyers detailed notice of a prospective forfeiture;

and

(2) give buyers at least 60 days to cure any default.”

21
Q

In Texas, rights to rivers and lakes are subject to a permit regulatory system in which …

A

“(1) prior appropriation of water is a main factor;

and

(2) previous uses before the regulatory laws are grandfathered.”

22
Q

In Texas, ground water is governed by the rule of capture, which provides that …

A

… any owner may take all the water from a well on her property, even if doing so takes all the water from her neighbor’s property.

23
Q

Texas follows the __ approach to runoff and flood water, meanining …

A

NATURAL FLOW, meaning courts allow owners to drain and divert flood water so long as these measures are reasonable.

24
Q

Under the Texas constitution, a homestead is …

A

… a place of business or a residence secured against the claims of creditors.

25
Q

In Texas, a homestead may be obtained by any …

A

family or single adult.

26
Q

In Texas, any family or single adult may obtain a homestead by …

A

“(1) intending to have a property as a homestead;

AND

(2) either (a) actually occupying the land or (b) taking such acts of preparation that a court would conclude they were about to occupy it.”

27
Q

In Texas, the two basic kinds of homesteads are …

A

(1) rural and (2) urban.

28
Q

In Texas, the acreage of rural homestead …

A

“(1) cannot exceed 200 acres for a family or 100 acres for a single person;

(2) must all be used as a homestead;

and

(3) need not be contiguous.”

29
Q

In Texas, the an urban homestead …

A

“(1) may be residential or business (as the place to exercise the business or calling);

(2) may combine residential and business uses;
(3) can be a single lot or lots combined for no more than 10 acres;

and

(4) must be contiguous.”

30
Q

In Texas, the only debts that can force a sale of homestead property are …

A

“(1) tax debts;

and

(2) loans tied to the property—any regarding buying, financing, or improving the property or any with equity in the property.”

31
Q

In Texas, a homestead owned by a husband and wife cannot be __ or __ without joinder of both.

A

CONVEYED or ENCUMBERED.