By Brian Fisher If you are the landlord of commercial property, then the odds are good that during the Covid-19 pandemic you have been or will be requested by a tenant to permit some form of rent relief. There are three (3) rent relief scenarios: Rent is due but the tenant not yet paid same. …
by Brian Fisher We have all likely seen the following conveyance language in deeds conveying real property in Texas: “…and all interest, if any, of Grantor in (i) strips or gores, if any, between such real property and abutting properties, (ii) any land lying in or under the bed of any street, alley, road, or …
By: Brian Fisher The 2019 Texas legislative session enacted several significant changes to Texas ad valorem (or property) tax law. Among the more significant changes affecting developers of real property is House Bill 1743. Texas law permits land to be taxed at an “agricultural” value significantly lower than the land’s market value provided the land …
By Ron Holmes Brian has been with the Firm since March 2000, which grants him the Longevity Award at Holmes Firm PC (other than yours truly). Brian practices in the real estate arena, and his practice includes horizontal and vertical development, sales and acquisitions, investing, leasing, condominium associations, etc. This spotlight is on Brian’s leasing …
By Brian Fisher, originally written April 2019 Several bills which, if passed, will impact the Texas real estate industry are currently pending consideration in 86th Legislative Session of the Texas Legislature. Among those bills are the following: H.B. No. 589 Proposes an overhaul of the mechanic’s and materialmen’s lien laws of the State of Texas …
by Brian Fisher Many Landlords and others file their own UCC-1s (promulgated Form UCC1 can be found at https://www.sos.state.tx.us/ucc/forms/UCC1.pdf) to “perfect”, or validate as against other creditors, a Landlord’s lien or security interest in personal property. That can save some legal fees. However, we have seen some fairly common errors in non-lawyer prepared UCC-1s. The …
By Brian Fisher Bargaining for the law of a specific jurisdiction One or more parties to a transaction may desire, and bargain, for the law of a specific jurisdiction to govern the interpretation or enforceability of their agreement. For example, a New York lender making a loan to a Texas entity secured by real property …
By Brian Fisher “We are friends (or family), we will just work it out.” Words most transactional attorneys have heard when advising a client that ownership of an entity on a 50/50 basis, without a tie-breaker provision, is a recipe for disaster. Imagine for a minute that you and your best friend decide to form …
by Brian A. Fisher The Texas Supreme Court has defined waiver as the “intentional relinquishment of a known right or intentional conduct inconsistent with claiming that right.” Sun Exploration & Prod. Co. v. Benton, 728 S.W.2d 35, 37 (Tex. 1987). However, in 2014 the Texas Supreme Court appears to have strayed from that definition by …
By Brian A. Fisher Effective as of September 1, 2015, Section 5.019 was added to the Texas Property Code. Section 5.019 requires a seller of property (residential or commercial) that adjoins a lake, reservoir or other impoundment of water (a) constructed or maintained under Chapter 11 of the Texas Water Code (governing State water) and …