TX Real Property Distinctions Flashcards
TX Recording Statute
Notice Statute: an unrecorded conveyance or other instrument is invalid as against a subsequent bona fide purchaser for value and without notice.
Fee Tail
TX has abolished. An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a lesser estate is conveyed or devised by construction or operation of law. TX courts have decided that the words “give and convey unto A and her bodily heirs,” if not qualified, would vest in A an estate in fee simple.
Joint Tenancy
In TX, there is no automatic right of survivorship, so parties must have an agreement. (proper language is in TX Probate Code.) A court will not infer a survivorship agreement from the mere fact that the account is a joint account. Thus, because there is no right of survivorship, joint tenancies are not recognized in Texas. Instead, holders of an undivided interest share ownership as co-tenants, tenants in common, or co-owners.
Adverse Possession
In TX, possession is hostile so long as the possessor intends to claim the land as her own, even if she is unsure as to the location of the boundary or unaware of any such encroachment. (this in conjunction w/ other AP requirements: open, visible and notorious, actual, exclusive, under a claim of right, and continuous for the statutory period)
Express Easements
An express easement is adequately identified, even if the exact location of the easement is omitted, as long as the tract of land that will be burdened by the express easement is sufficiently identified. When an express easement fails to specify its location, generally it is the servient estate owner’s right to select the location. However, the servient estate owner must exercise this right in a reasonable manner and, if he fails to establish a specific location for the easement, the dominant estate owner may do so.
Rent for Partial Eviction
A landlord’s eviction of the tenant from a portion of the premises suspends ALL rent obligations until the premises are restored to the tenant, even if the tenant remains in possession of the remainder of the premises. (majority rule too)
Nonjudicial Foreclosure Proceeding
TX requires trustee appointed by seller abide by:
1) sale of real property under a power of sale must be a public sale at auction
2) held b/w 10 a.m. & 4 p.m. of the 1st Tuesday of a month at county courthouse in county where land is located
3) notice of sale, which must include a statement of earliest time at which sale will begin, must be given at least 21 days before date of sale to both general public & debtor
Nonjudicial foreclosure proceedings only transfer title to property, not possession. Therefore, if debtor does not surrender possession of premises, buyer must file a forcible detainer suit to receive possession.
Contributions for Co-Tenants
Doesn’t follow common law. A co-tenant may seek contribution for money paid on repairs for jointly owned property.
Conveyance of Real Property by Deed
Conveyance of real property by a deed requires: donative intent, delivery and acceptance. If delivery has been made to grantee w/ an oral condition, conveyance is valid, but oral condition may not be proved. A deed takes effect on its delivery by the grantor to grantee, w/o regard to an oral condition agreed to by the grantee. (majority rule too)
