Land Development

How Long Does Adverse Possession Take in Texas?

Adverse possession always seems to be a popular topic. The idea that you may able to take something that you knowtexas adverse possession real estate isn’t yours and legally make it your own (without compensation) may be enticing. That same idea, however, may be off-putting if it’s your property that is taken by someone else.

How long does adverse possession take? As usual, the answer is not so simple.

The Texas Civil Practice & Remedies Code lists several different statutes of limitation for bringing suit to recover real property purported to having been taken — or purporting to be in the process of being taken — by another.

There are three-year, five-year, ten-year, fifteen-year, and twenty-five year statutes of limitations.

Which limitations period applies depends on whether the person claiming to take the property (the “Claimant”) holds it under title or color of title, whether the Claimant pays taxes on the property, whether the Claimant claims the property under a registered and non-forged instrument, how the property is being held, the size of the property at issue, whether the property is enclosed, whether the person whose property is being taken is, has been, or was operating under a legal disability (minor, unsound mind, or in the U.S. armed forces during a time of war), and other circumstances.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Who Should Get the Initial Permits Required to Start Construction?

The owner of the project — the person desiring the construction — is generally required to obtain the preliminary construction permits necessary to begin the work.

However, the owner may reallocate this responsibility by virtue of her contract with the contractor or her contract with the architect/engineer.

In addition to construction permits, there may be other restrictions, laws, or regulations that influence an owner’s ability to build on any particular site.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

 

Change in Foreclosure Sale Dates

Texas public foreclosure auctionPublic foreclosure sales in Texas currently take place on the first Tuesday of the month.

Under a new law effective September 2017, foreclosure auctions in the months of January and July will instead occur on the first Wednesday of those months if the first Tuesday falls on January 1 or July 4.

All public foreclosure sales must take place between 10:00 a.m. and 4:00 p.m.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Land Surveying in Three Sentences

The Board of Professional Land Surveying is charged with licensing, regulating, and disciplining land surveyors in the state of Texas.texas land surveyor land surveying

Professional surveying includes any work involving the application of “special knowledge of the principles of geodesy, mathematics, related applied and physical sciences, and relevant laws to the measurement or location of sites, points, lines, angles, elevations, natural features, and existing man-made works in the air, on the earth’s surface, within underground workings, and on the beds of bodies of water to determine areas and volumes for: (i) locating real property boundaries; (ii) platting and laying out land and subdivisions of land; or (iii) preparing and perpetuating maps, record plats, field note records, easements, and real property descriptions that represent those surveys.”

According to the Bureau of Labor Statistics, perhaps unsurprisingly, the industries that employ the most land surveyors are architectural and engineering, government, and construction.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

In the News: You Can’t Hang that Flag in this Neighborhood

A Fort Worth homeowners’ association is reported here and here as disallowing its residents from flying an American flag. State law prohibits HOAs from disallowing homeowners from flying the Texas flag, the flag of any branch of the United States armed forces, and the United States flag, subject to certain restrictions.

The hangup? The flags at issue aren’t red, white, and blue. The banned flags are black, white, and blue: a representative tribute to law enforcement, especially those injured and killed in the line of duty. s-l300

Homeowners are reportedly being issued citations.

How is this issue to be resolved? At the end of the day, the homeowners govern themselves. Therefore, they ultimately should have the ability to change the rules through their voting power, should they so choose. For now, however, the HOA is reported to be controlled by its developer. This isn’t unusual during the early stages of a neighborhood’s development.

What protocols are in place to motivate the developer to adhere to the will of the homeowners during the developer’s control period? Has the developer received complaints from other homeowners about these “non-conforming” flags? If the developer allows these non-conforming United States flags, does it open the door to having to allow other, non-conforming flags and symbols?

In our In the News series, we use an article or topic that has been featured recently in the news as a potential learning opportunity.

 

Construction Loan Financing in Three Sentences

texas construction loan financingA great number of project owners/developers fund construction projects by obtaining construction loans. A construction mortgage loan (a.k.a. an interim loan) is a short-term loan used to build the improvements on the land. Often, once the improvements are complete, owners/developers utilize a prearranged, long-term permanent mortgage loan (a.k.a. final loan) to finance the entire project, which includes retiring the construction mortgage loan.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Membership Camping Resorts in Three Sentences

texas membership camping resort lawMembership camping resorts are properties available for camping by purchasers of a membership right. Texas law governs various aspects of these property interests, such as by requiring registration of brokers and imposing sale disclosure statements, among other things. Many resorts have their own rules, restrictions, and/or covenants that may regulate use of the properties, too.

 In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.