Property Law
Basics
Property Law encompasses a wide array of topics. From deeds, easements, and covenants to liens and landlord / tenant relationships, property law can be complex and typically involves some sort of disagreement.
Deeds, Easements, and Covenants are all transactional areas of property law that involve the creation and filing of a legal document with the county of record.
Property law disputes regarding landlord / tenant issues primarily revolve around one party not fulfilling their obligations in the relationship (lease agreement) and can lead to eviction or other lawsuits. Disputes not involving landlord / tenant situations typically stem from parties disagreeing on property boundaries or interfering with another's right to utilize their property.
Liens on property arise from disputes between parties where a debt is involved. Liens come in many forms and can be applied for varying reasons. Most are familiar with Mechanic's Liens but there are other lien options available.
Property Transactions
Deed Review and Preparations
Easement review and preparations
Easement review and preparations
Reviewing and understanding deeds to land (Real Property) are tricky and can be difficult. Having a basic understanding helps. A deed is a legal document that shows the transfer of land ownership to another party. A title is a certification that the land is owned by a party. Essentially, a deed shows the action of the land changing hands and a title shows the person receiving it is the actual owner.
A deed will show (minimally) who is the person disposing of the land (Grantor), who is receiving the land (Grantee), the legal description of the property, any conditions of the transfer, and the signatures of the parties.
Deeds come in many forms. Common deeds are warranty deeds, quitclaim deeds, deeds of trust, gift deeds, survivorship deeds, mortgage deeds, grant deeds, and contracts for deeds. Each of these deed types have varying levels of protections and legal risks. Some deeds protect the new owner against anyone else having a claim to the land, while others have no protection.
To gain an understanding of your deed needs and assist you with your goals, contact Rob Rhyne Law to speak to our attorneys today.
Easement review and preparations
Easement review and preparations
Easement review and preparations
An easement is the legal right allowing a party the use of another party's property for a specific purpose without transferring the ownership.
The key elements to understand about easements are they do not transfer ownership of the land, they are for a specific purpose, and they generally will stay with the land when the land is sold.
Easements can be affirmative or negative. This means they can grant a right to use the land or restrict an owner's right to use their land.
Easements are typically recorded in the deed to inform any future owners of the 3rd parties rights, and as a way of documenting those rights.
If you are considering an easement or have questions about easements, contact us today.
Covenant Review and Preparation
Easement review and preparations
Covenant Review and Preparation
A covenant is a formal agreement in property law to perform, or not perform, a specific act in relation to property that one owns. An example of a property covenant would be the promise by one owner of land to not build a fence.
A covenant will be enforceable against future owners (runs with the land), would be in writing, and there is some sort of legal connection or relationship between the parties. Think of a Homeowner's Association (HOA) where the "rules" are in effect regardless of who owns the land.
Understanding covenants and how they affect your property can be complex. If you have questions, Contact Rob Rhyne Law to setup a consultation today.
Property Disputes
Landlord / Tenant issues
The most common type of property dispute is one where a Landlord and Tenant are in disagreement. These types of disputes can get ugly and range from simple repair issues to eviction. Tenants have certain rights and expectations, as do landlords.
Landlords are expected to treat all applicants and tenants fairly and are restricted from discriminating against applicants or tenants based on common civil rights like, race, color, religion, sex, family status, or disability. Landlords also maintain a right to enter the premises only in the event of an emergency, or for repairs with prior notice.
Landlords are required to make a diligent effort to repair problems they are aware of that materially affect the physical health or safety of the ordinary tenant. This does not mean a landlord must repair anything that is broken or unsightly. Think city health code violations. Additionally, if the tenant caused the issues, not through normal wear and tear, the tenant may be responsible for the repair. In the event a repair is needed, and the repair materially affects a tenant's health and safety, it is important to seek legal advice. Keep in mind it is rarely advised to stop paying the rent. Another item to note is landlords are prevented from retaliating against a tenant for reporting repairs or other issues.
Tenants have the right to peaceable, quiet enjoyment of the property they are renting. Additionally, tenants have a right to privacy in their own home.
When a landlord decides to evict a tenant, there are statutory requirements (proper procedures) they must follow to get an eviction judgment.
For further information click this link or contact Rob Rhyne Law today.
Liens
Liens are a legal claim against another's property. In Texas the most common types of liens are property liens, mechanics liens, judgement liens, and tax liens.
A property lien is attached on a property due to an outstanding debt and serves as a formal notice that the property owner owes money. Property liens can hinder the owner’s ability to sell, refinance, or fully control their property until the debt is satisfied.
Contractors, subcontractors, and suppliers in Texas can file a mechanics lien if they are not paid for work or materials provided to improve property. There are specific legal requirements that must be met to file a lien which include notifying the property owner and filing the lien within the proper timeframes. Contractors and other parties should be aware of their lien rights and the lien enforcement process, especially when facing disputes.
A judgment lien is a legal claim that arises from a court judgment against a property owner. These liens are generally for personal or business-related debts by the property owner. Like other liens, judgement liens affect what a property owner can do with the property while the lien is attached.
A tax lien is used when a property owner fails to pay the taxes on a piece of property. Tax liens typically have a priority over other types of liens when attached to a property.
Understanding how liens affect property ownership is crucial, especially when dealing with tax liens in Texas or other types of liens that can result in foreclosure.
If you have questions about liens, or other property issues, contact Rob Rhyne Law today.