In our last entry, we discussed the gentleman who inherited what he believed to be a large vacant lot only to find out that there were “squatters” on the land. There are several options for this gentleman. He can try to file suit for San Antonio forcible entry and detainer which is brought when an owner wants to evict a trespasser. That type of suit is heard by the Texas justice court. From a strategic standpoint, the owner has to realize that the trespasser may claim a right to the property via adverse possession. If the forcible entry and detainer action requires the justice court to establish property title and weigh competing rights to superior possession, then the justice court will lose jurisdiction and the case will be moved to the county court. The original owner can also sue to recover real estate held by a party via adverse possession. This may be the best bet for the owner, although it is costly and time consuming. If there is a question as to title, the owner can bring a Texas trespass to try title suit to establish a superior title to a piece of property. In the case of our gentleman, he cannot simply walk onto the land and repossess it. Texas does not condone a self-help repossession of land. The gentleman must utilize legal process, and a San Antonio real estate lawyer can assist you in developing the best legal tools to effectuate possession.

There are multiple statutes of limitations on adverse possession in Texas. For example, under the three (3) year statute of limitations, a party has three years to file suit to recover property held in adverse possession by the occupants if the occupants have asserted title or color of title to the property. Title means that the party in adverse possession is listed in a regular chain of transfer of real estate. “Color of title” refers to a consecutive chain of transfers that is not properly recorded. This is a very short statute of limitations, and it is essential that a property owner researches the county records to make sure that title still remains in their name. Under the five (5) year statute of limitations, then the owner has five years to bring suit to recover land held in adverse possession where the party occupying the land is enjoying the property, paying the real estate taxes and is claiming the property under a registered Texas deed. The deed must be valid, and it cannot be forged in any way. In our next post on this topic, we will discuss the 10 year and 25 year statute of limitations and some of the elements of evidence a party must prove in a suit for adverse possession as well as a trespass to try title suit. If you are like the gentleman above, time is of the essence. You must consult a San Antonio Texas real estate attorney to determine your options to fight someone who is not welcome and has taken over your land.

In order for the courts to enforce specific provisions of a real estate contract for sale, the written agreement must be such that the terms are expressed with a reasonable certainty. Also, the courts will require that the party demanding the contract be enforced show that it in fact has complied with all his or her obligations under the contract.

Sometimes, a party will claim fraud on an oral contract for sale of real estate. The courts however reject this legal theory on the basis that the alleged contract was inherently unenforceable under the statute of frauds.

Another legal theory a plaintiff may use is the theory of quantum meruit. The elements of an action for quantum meruit require that the injured party provided valuable services or materials for the defendant. The defendant must have accepted such services and materials. The most important final element is that the plaintiff reasonably notified the defendant that the plaintiff expected compensation for such services or materials. For example, a claim for quantum meruit will fail where the defendant did not have reasonable notice that the plaintiff expected payment where the plaintiff failed to submit a bill years after providing service and not until the suit was filed.

The statute of limitations for an action for quantum meruit is four (4) years. The time when the clock starts ticking for bringing suit hinges on whether the work performed had a definite stopping point, or whether the work was an ongoing arrangement with an undefined stopping point. For ongoing work, the statute of limitations begins when the services were performed (daily, weekly, or monthly).

For San Antonio real estate litigation and quantum meruit claims, you should contact a San Antonio business litigation attorney as soon as possible.

While Texas quit claim deeds are generally frowned upon, they do have some value in clearing title to property. Sometimes, there are questions as to whether a person might have a claim to the property such as being an heir. In such situations, this individual may not have an interest and would not be willing to warranty title. Therefore, they would use a quit claim deed.

The county courts generally keep certified copies of all deeds. In some cases, Bexar County in San Antonio can provide digital online copies of deeds. In order to accept the deed for recording, certain items must be included in the deed. Such items include a confidentiality notice as to any social security number or driver’s license number. Other specific information include the full name of the grantor and grantee, as well as the address of the grantee. The deed should also contain a legal description of the Texas property including the lot and block description.

A Granting Clause represents conveyance language for Texas property. The most critical words used by a San Antonio and greater Texas real estate attorney are “grant, sell, and convey” and these catch phrases are favored by the Texas courts. Other important aspects of the Deed include Consideration, Reservations from Conveyance (where the Grantor wishes to convey something less than full title), Restrictions Imposed on Property, Signatures, a Notary Acknowledgment, Permitted Exceptions, and a Return Address.

In some cases, Texas title can be transferred without a deed such as in a foreclosure, court action, condemnation, adverse possession, reversion, or tax forfeiture. There are both judicial and non-judicial foreclosures in Texas. The holder of a Deed of Trust can foreclose on a property without court intervention.

Given the potential complexity of deeds, it is imperative that you speak to a San Antonio and greater Texas real estate lawyer about the right deed for you. Good luck!

There are three basic types of deeds used to buy and sell Texas real estate – general warranty deed , special warranty deed, and quit claim deed. Today, we will discuss special and general warranty deeds.

Whether you are selling a home, commercial property, or just plain land in San Antonio, the purchaser will want you to provide assurances that you actually own the property and possess the legal right to sell it. The buyer will probably be getting a loan. The lender will request guarantees that you as the seller are providing complete title to the real property and that the lender can place a legally enforceable lien on the property.

Do not be fooled between the wording Special versus General Warranty Deed. You as the buyer want a General Warranty Deed. When the seller offers a General Warranty Deed, he or she is essentially promising two things. First, the seller is promising the buyer that he has not done anything to harm title to the property. Second, the seller is warranting that no one prior to the seller has done anything to harm clear title. If down the line, if the buyer finds out that there is not clear title, the seller is liable for any losses regardless of whether the seller had knowledge. The seller might be able to file claims against prior sellers if he had a general warranty deed with them.

Under a Special Warranty Deed, all the seller is telling the buyer is that he has not done anything to harm title to the property. However, the seller is not giving the buyer a warranty that other owners before him did not do anything to adversely affect title.

To illustrate, suppose the seller sells the Texas property to another purchaser before they sell it to you or the seller attaches a lien without informing you, then the seller has breached the warranty, because the seller adversely affected title. However, if someone other than the seller created a title defect, you as the buyer have no recourse against the seller under a Special Warranty Deed. The Special Warranty Deed is used mainly in Texas real estate commercial transactions .

You as the buyer should not rely on the title of a deed to determine if the deed is a general or special warranty deed. Read the deed carefully. If you believe you have been the victim of fraud in the purchase of property, you should file a complaint with the Texas Real Estate Commission (TREC).

Sometimes the type of deed is not consequential. For example, if either the seller provides title insurance or the buyer obtains title insurance, then the title company will protect you against problems with title. Should a defect arise with title, the insurance policy will reimburse the buyer for any losses.

For assistance with your San Antonio and Texas real estate transactions, contact a real estate attorney today!