TX Real Property

Question 1

Preamble

Answer 1

the CL of property and the TX Tenant and Landlord Act applies. buyers, sellers, owners and renters each have rights, responsibilities and duties under the law. restraints on alienation, destruction of property value, and uncertainty of ownership are disfavored.

Question 2

Tenants Remedies

Answer 2

1. move out or terminate the lease
2. make repairs and deduct
3. remain in possession, pay full and seek damages

Question 3

Rights and Duties b/t CO-Tenants

Answer 3

1. accounting
2. contributions
3. mortgage
4. partition
5. convey

Question 4

Landlords Duties

Answer 4

1. deliver possession of premises
2. comply w/ implied covenant of quiet enjoyment
3. NO implied warranty of habitability
4. NO duty to repair/maintain

Question 5

Rights and Duties of Life Tenant

Answer 5

1. maintain estate
2. pay rent
3. pay taxes and interest on mortgage

Question 6

Landlord Remedies

Answer 6

1. right to terminate
2. bring suit for rent due
3. evict under TX unlawful detainer
4. retake or re-rent property if T abandons it

Question 7

Rights of Tenants In Common (Co-Tenants)

Answer 7

1. TIC default
2. right to partition
3. no right of survivorship
4. each entitled to possess the whole
5. only unity required
6. inheritable, alienable, deviseable

Question 8

What is an Assignment

Answer 8

1. occurs when tenant transfers complete tenancy in a lease to another party

Question 9

What is Joint Tenancy with Right of Survivorship

Answer 9

1. no CL JT, but RoS can be had by a K
2. exact JTWRS language + 4 unities
3. unities must all vest at same time are:
   a) time
   b) title (same instrument)
   c) identical interest
   d) possession (equal possession)

Question 10

What is an Easement

Answer 10

1. an interest in land
2. that grants someone a right
3. to use land the land of another

Question 11

What is a Restrictive Covenant

Answer 11

1. holder has right to restrict 3P
2. in use of 3P’s land
3. covenants running w/ land & equitable servitude

Question 12

Req for Rural Homestead

Answer 12

1. 200 acres for family
2. 100 acres for a single
3. doesn’t have to be contiguous

Question 13

Req for Urban Homestead

Answer 13

1. 10 acres for single or family
2. must be contiguous
3. municipality police, fire, electric, sewer, gas, water, one of these 4

Question 14

Req of Non-Judicial Foreclosure

Answer 14

1. notice of default
2. time to cure is 20 days
3. notice of sale next ? if not cured in 21 days
4. notice of sale gives time and date
5. notice courthouse, filed w/ clerk website or both
6. to all debtors by certified mail
7. on the first tuesday of the month from 10 am - 4 pm

Question 15

Non-Judicial Foreclosure Procedure (Deed of Trust)?

Answer 15

1. notice at least 21?
2. posting written notice
3. county where property is located
4. file copy of notice w/ county clerk
5. snd notice to debtor by certified mail
6. contact info for trustee
7. time and place of sale
8. county courthouse where property is located
9. b/t 10 am - 4 pm
10. debtor has until sale to cure

Question 16

Req for Mechanics and Materialmen’s Lien?

Answer 16

1. file affidavit
2. county clerk where property located
3. 15th day of 4th mother after debt (3rd mo for residents)
4. list amount of claim/names/address/work
5. legal description of property
6. copy sent to owner 5 days

Question 17

Req for Covenant to Run w/ Land

Answer 17

1. privity
2. intent
3. notice
4. touch and concern
5. benefit/vertical privity?

Question 18

Security Interest Types

Answer 18

1. mortgage
2. deed of trust
3. installment land K

Question 19

Consequences of Having Mortgage or Deed of Trust?

Answer 19

1. equity of redemption
2. statuary redemption
3. foreclosure by public auction sale
4. multiple mortgages, first in time first in right
5. foreclosure wipes out junior interest
6. foreclosure proceeds priority:
   a) cost of foreclosure sale
   b) principal + interest of foreclosure mortgage, junior mortgage
   c) remainder to mortgagor
7. mortgagee sue debtor

Question 20

Limitation Periods

Answer 20

1. color of title & narrow defects: 3 yr
2. cultivates/uses property + pays taxes + claims under registered deed : 5 yrs
3. bar possession w/ no color of title: 10 yrs
4. color of title + paid taxes + true owner under disability: 25 yrs

Question 21

How Easement is Created

Answer 21

1. express grant or reservation
2. implication
3. prescription

Question 22

How is Equitable Servitude Created

Answer 22

1. intent

2. touch and concern

Question 23

Req for Marketable Title

Answer 23

1. proof of title
2. title free of encumbrances
3. valid title on closing day

Question 24

Deed Reqs

Answer 24

1. be properly executed
2. writing, signed by grantor
3. validly delivered + accepted
4. grantor relinquish dominion/control over deed w/ intent to convey

Question 25

Req for Adverse Title

Answer 25

1. hostile
2. exclusive
3. lasting (TX SOL)
4. uninterrupted
5. visible
6. actual possession go land

Question 26

Types of Covenants of Title

Answer 26

1. quitclaim deed
2. general warranty deed
3. special warranty deed

Question 27

Easement Termination Types

Answer 27

1. prescription
2. valid release
3. estoppel
4. merger
5. abandonment
6. end of necessity

Question 28

When Deed can be Recorded

Answer 28

1. when signed and notarized or

2. when signed by 2 witnesses

Question 29

Tenants Duties

Answer 29

1. pay rent
2. keep premises in good repair
3. can’t damage premises

Question 30

K of Sale Req

Answer 30

1. writing per SoF
2. adequate description of land
3. names of buyer/seller
4. signature of party to be charged
5. purchase price
6. exception to SoF: TX recognizes doctrine of part performance: oral K is valid if no ambiguities and acts show existence of K

Question 31

What Effects Adverse Possession

Answer 31

1. leasing to another
2. tacking no gaps
3. owner under disability