Water rights and water access can become contentious and complex issues in Texas. It is important to understand exactly how these work, and one of the key distinctions is whether or not a river or stream is considered navigable. If it is, then it is often considered a...
Real Estate Disputes
How fraud can lead to title claims
Title disputes are often the result of miscommunication or interpersonal conflicts. For example, perhaps a personal representative administering an estate sold the home of the deceased party without first communicating with the heirs of the prior homeowner. Maybe one...
How to deal with liens on your property
A lien is a legal claim on your property by someone you owe money. Think of it as a hold placed on your property that gives the creditor a legal right to ensure a debt is paid. While it doesn’t mean you’ve immediately lost ownership of your property, having a lien can...
Adverse possession: Can someone legally claim your land?
It may surprise you to learn that there are certain situations in which another person can gain legal ownership of your land without buying it, inheriting it or receiving it as a gift. That’s through was is a known as adverse possession. Adverse possession is often...
3 times trees near boundary lines may cause neighborly disputes
Trees are a beautiful addition to most residential properties. They can provide shade during the hottest part of the year. Trees can boost the overall value and attractiveness of a home. They attract wildlife and may provide fruits or nuts. Unfortunately, when trees...
Is an easement necessary to access streams and other waterways?
For some people, water access is critical to their planned land use. A person considering the purchase of a property adjacent to flowing water might benefit from pursuing an easement. Easements can allow them to access and even pump some of the water crossing a...
How can you resolve a boundary dispute?
No one wants to be the person who starts an issue with their neighbor. However, you may find it problematic when your neighbor’s new construction project, such as a driveway, fence, porch or pool, starts crossing into your property line. While you may not have an...
What is the difference between encroachment and trespassing?
Encroachment and trespassing both involve property boundaries, but they’re not the same. Encroachment means a physical object crosses the line. Trespassing means a person enters land without permission. Texas law treats these issues differently. Knowing the difference...
If you buy a property with an easement, do you have to honor it?
You purchased a new piece of real estate, and it comes with an easement. This allows someone else to access that land and use it in a specific way. For instance, utility companies sometimes have easements so that they can provide services or perform maintenance....
How could an easement be breached?
One reason for disputes between two real estate owners is when an easement has been breached. An easement is an agreement that someone who is not a property owner is allowed to use the land in a specific way. But a violation could cause legal trouble, and it may be...
