Why am I always reporting on plaintiffs who wait too long to file their lawsuit? See below for a few possible answers.
In the latest Texas case, Trahan v. Mettlen, the Trahans sued in 2010 on a 2006 warranty deed.
The
Co-author Brooke SizerHalloween is approaching, so let’s talk poltergeists – troublesome spirits that haunt a specific location. Where do they come from? In Quality Environmental Processes, Inc. v I.P. Petroleum Company, Inc., it was from a faulty property description that lay dormant for 30 years before beginning its vexations.
The Demon is Spawned
Why would anyone buy property without access to a public road? Because it seemed like a good idea at the time, I guess. And often it is, until things change, “things” often being new and unfriendly ownership of the surrounding property. The Texas Supreme Court has addressed this situation. Hamrick v. Ward clarified the law
It looks like what you’d expect: a bunch of litigants spending lots of time at a courthouse in Goliad, Texas, with no end in sight. After much “sprawl” in Harkins v. Northshore Energy it came down to the meaning of this property description (call it Tract 2): “Being 1,210 acres of land, more or less,
Co-author Katie R. English.The Question
In order to be a good faith purchaser, a party must not have actual or constructive notice of another’s rights. Northern Oil and Gas v. Creighton asked, When should the determination of whether a party has notice be made, A: At the time the second lease is recorded,
As Donald Rumsfeld teaches, knowledge can be divided into three categories:
Another philosopher, Slavoj Zizek, adds a fourth, for
Let’s talk title disputes, especially ones between those with record title and those claiming title by possession:
The question in Graham v. Prochaska: Did the grantors in a 1950 Texas warranty deed reserve a “floating” 1/2 royalty interest or a “fixed” 1/16th royalty?
The Deed
At issue were three provisions:
If you examine titles or read title opinions, this post is for you.
I was recently examining instruments for an East Texas title opinion when I came across an instrument that, at first glance, appeared to be an easement. Scanning the document, I saw the phrases “right of way” and “road”—leading
As promised in our last post, here is a state-by-state review of the Duhig Rule – who has adpoted it, who hasn’t, and who might.
Texas – Duhig v. Peavey Moore Lumber Company, 135 Tex. 503, 144 S.W.2d 878 (1940) was a Texas case. As a result, producing states have