Drafting a valid deed or conveyance of land in Texas, in its most basic form, is subject to a number of statutory and common-law requirements. Many of these date back hundreds of years to their basis in England during the Dark Ages. These broadly relate to the following: These are only the basics of a rudimentary deed in Texas. They do not address more complex arrangements or potential liabilities. However, they should provide some insight into the law governing transfers of land. Austin real estate attorney Farren Sheehan has experience with a variety of land transfers. Furthermore, she offers a case evaluation for deeds and other real estate matters. The Form of the Deed In Texas, a deed must be in writing and signed by the person transferring the land. We call this the “grantor.” The person the grantor transfers the land to is the “grantee.” You do not have…Read More
If you own your home, then you may be curious about your estate planning options. Choosing to leave your house to your child after you pass can offer him or her security and financial stability. In Texas, you can do this in several different ways. An estate planning attorney in Austin can help you pick the option that best suits your needs. Last Will And Testament Many people create a last will and testament to leave their personal property and assets to specific heirs or beneficiaries. If you include your home in your last will and testament, then you can choose who takes ownership after your death. It is important to note that creating a last will and testament means that your estate will go through probate court after your death. This could potentially hold up your property for months or cause your beneficiaries to incur additional legal fees. Additionally,…Read More
There is technically a standard agreement for commercial leases that is outlined by TAR (the Texas Association of Realtors), but if you draft a lease with your real estate attorney instead, it will give you much more leeway and allowance for detail. Your business is very likely to obtain significant agreements with your landlord, depending on how the commercial real estate market is doing. Many factors go into renting a commercial property, so there will be many factors involved in negotiating your lease. Here are some things you should try to negotiate with your landlord. Consider Rent And Rent Increases Before you lease your commercial property, consider the cost of rent. The cost of rent will fluctuate depending on the real estate market conditions and the location of your property. Depending on these factors, you will probably be able to negotiate the rental amount. Your lease should outline which terms…Read More
As a first-time homebuyer in Texas, the home buying process can seem terrifying and overwhelming. Buying a home is usually the first big purchase of a person’s life, so going into such a big and unknown process can be intimidating. However, if you go into the experience prepared, you’ll know exactly the steps to take and who to talk to. Here are some key preparation steps you or someone you know should follow when they are ready to buy their first home. Are You Financially Prepared? Before you make any big moves, it’s important to stop and get your finances in order first. Make sure you have enough cash for a down payment, any closing costs and other moving expenses. Next, hire a professional that will be with you every step of the way and can ensure that you close the deal. Get a real estate agent to help you…Read More
Homeowners living in a sub development or condominium complex are likely to be members of a home owners association (“HOA”). HOA’s generally have the authority to set certain rules pertaining to the sub development as well as provide services to homeowners. In order to operate HOA’s are generally also authorized to collect money through assessments. This article will examine the basics of HOA assessments. If you have questions regarding HOA assessments in Austin, Pflugerville, or Round Rock, contact the real estate attorneys at the Law Office of Farren Sheehan. What Is An HOA Assessment? HOA’s typically provide a variety of services to the communities in which they operate. These often include landscaping, common area maintenance, amenity maintenance, tennis courts, playgrounds, pools, private roads, lighting, and so forth. HOA’s pay for these common operating costs by levying assessments on homeowners. There are three primary types of assessments HOA’s use to collect…Read More
Unfortunately, tenants and landlords do not always get along. Disputes often arise over rent, repairs, and the general conditions of the leased property. Occasionally, tenants may be unlikely to report legitimate violations of housing and health codes or request necessary repairs from their landlords for fear that their landlord may retaliate against them and put their living situation in jeopardy. To protect tenants in these situations Texas has passed an Anti-Retaliation Statute. This article will provide an overview of the statute and the rights and protections it provides tenants and landlords. If you have questions regarding retaliatory eviction contact the real estate attorneys at the Law Office of Farren Sheehan for a consultation. Retaliatory Eviction Basics In Texas, tenants are protected from retaliatory eviction by the Anti-Retaliation Statute . The statute provides tenants with protection for taking a variety of actions and prohibits landlords from taking a number of actions…Read More
It is a longstanding and well recognized concept that the owner of property is free to dispose of or transfer that property as they see fit. Occasionally, however, the transferor of property may attempt to place restrictions on a buyer’s future ability to sell or transfer that property. This article will briefly examine such restrictions on alienability and the validity of these restrictions in property transactions in Texas. If you are involved in a transfer of property involving a restraint on alienation in the Austin, Round Rock, or Pflugerville area, contact the real estate and probate attorneys at the Law Office of Farren Sheehan for an initial consultation. Basics Of Alienability And Restraints On Alienation In Texas Generally speaking, alienability, or the ability to freely sell or otherwise transfer property, is inherent in the ownership of property. A restraint on alienation is a term in a conveyance of real property…Read More
Property is often owned by more than one individual. Texas recognizes a variety of forms of co-ownership. Co-owners of property possess certain rights and owe their fellow owners certain duties that would not exist if there was a sole owner of the property. This article will briefly explore these rights and duties. If you are having a legal issue related to the co-ownership of property in the Austin, Round Rock, or Pflugerville area contact the real estate attorneys at the Law Office of Farren Sheehan. Basic Rights Of Co-Owners Of Real Estate Initially, it should be noted that co-owners may generally establish what rights and duties are owed through a written agreement. Absent an agreement however, there are certain standard rules that apply. The most basic right of a co-owner of real estate is the right to possess the entirety of the property. The right of possession brings with it…Read More
Although many residential landlords perform repairs to their properties promptly and conscientiously, not every residential tenant is so fortunate. On the other side of the equation, expensive or excessive requests for repairs from tenants can quickly cause a rental property to become unprofitable, which can lead to increases in rent or a lack of incentive to build new residential units, lowering the supply of affordable housing for everyone in the community. The tenant’s responsibility for damages he or she has caused to an apartment or other rental is usually clearly delineated in the lease agreement, with damages paid out of a security deposit. What is often less clear in lease agreements is what the landlord is responsible for repairing, what conditions must be satisfied before the landlord has the obligation to repair, and when repairs must be completed. Establishing whether a landlord has a duty to repair under certain circumstances…Read More
Property is often owned by two or more people simultaneously. This is referred to as a concurrent estate. Two of the most common forms of concurrent estates in Texas are joint tenancies and tenancies in common. These concurrent estates are similar, but have key distinctions which can have significant effects when it comes to issues of inheritance. This article will briefly explore these types of concurrent estates. If you have any questions regarding co-ownership of property in Austin, Round Rock, or Pflugerville, contract the real estate and probate attorneys at the Law Office of Farren Sheehan for a consultation. Law Office of Farren Sheehan for a consultation. Tenancies In Common In Texas The default form of co-ownership in Texas is a tenancy in common. A tenancy in common occurs when two or more parties jointly hold an interest in property. These co-owners hold an undivided interest and right to possess…Read More
