TX Real Property Distinctions

Question 1

how can married couples convey a homestead

Answer 1

neither spouse may sell, convey or encumber a homestead without the joinder of the other spouse

Question 2

debts for which a creditor may force a sale of a homestead

Answer 2

• purchase money
• taxes due on the homestead
• improvements to the homestead
• owelty of partition
• refinance of previously permitted debts
• home equity loand
• reverse mortgage

Question 3

rural homestead

Answer 3

cannot be more than 200 for a family or 100 acres for a single person, does not have to be contiguous but all have to be used as a homestead (allows for living on party and then using the rest in support of the family or single adult)

Question 4

what is needed to establish a homestead

Answer 4

show intent to have it as a homestead, actual occupation or such acts of preparation that the court can conclude that a buyer was about to occupy it
- written declaration that it is a homestead is not a factor, although it may be used to show intent and demonstrate occupation or preparation to occupy

Question 5

when should the affidavit of lien, necessary for perfecting a mechanic’s lien on non-residential projects be filed

Answer 5

no later than the 15th day of the 4th calendar month after the day on which the indebtedness accrues

Question 6

notice of a claim of a statutory mechanic’s lien must be given twice for…

Answer 6

• commercial projects
• public works projects
• temporary event structures

Question 7

required to be on an affidavit of lien

Answer 7

• sworn statement of the amount of the claim
• name and last known address of the owner or reputed owner
• name and last known address of the original contractor

Question 8

quitclaim deed in TX places a grantee on what kind of notice

Answer 8

inquiry (grantee is held to know anything that a reasonable investigation might have revealed

Question 9

what is a quitclaim

Answer 9

transfer of whatever interest the grantor may have

Question 10

to determine if recording will protect earlier purchasers against subsequent purchasers, one must look to TX’s recording act, which its a…

Answer 10

notice act

Question 11

notice acts

Answer 11

protect subsequent grantees who are BFPs (those who give value and who take without notice of the earlier transaction)

Question 12

since a deed does not need to be dated, it is considered effective when…

Answer 12

it is delivered

Question 13

what does a deed require to be valid

Answer 13

must be in writing, contain the property description, include conveyancing language, be signed by the grantor

Question 14

3 additioanl elements for establishing title by adverse possession after a permissive enty

Answer 14

• repudiation of the former permissive relationship
• the repudiation and adverse claim have been communicated to the person who gave permission
• adverse possession has continued for the prescribed number of years after that date

Question 15

to show visible appropriation of land by allowing livestock to graze, an adverse possessor could…

Answer 15

build a fence demonstrating the land is intentionally enclosed for grazing

Question 16

what constitutes possession of the mineral interests in a piece of land for adverse possession purposes

Answer 16

drilling and production of the underlying minerals