By Ron Holmes – For reasons I cannot explain, our real estate practice is on fire. During and for some time after the Pandemic, we continued to see steady activity in what I call “meat and potato” transactions (sales, acquisitions, and development in the under $30 million category) and, of course, strong activity in Lease/Financing …
By Trent Appleby – The 2021 Texas Legislature made significant changes to Chapter 53 of the Texas Property Code (the “Texas Mechanic’s Lien Statute”) which governs mechanics’ and materialmen’s liens. Effective January 1, 2022, House Bill 2237 amends the Texas Mechanic’s Lien Statute in several significant aspects. Architect, Engineer and Surveyor Lien Rights Expanded HB …
By Lynnsee Starr – A new Texas law now requires Property Owners’ Associations in Texas to make the most current version of the Association’s dedicatory instruments, including the Declaration and all amendments thereto, available on the Association’s website. The same law also clarifies that an Association may adopt and enforce provisions restricting occupancy or leasing, …
by Trent Appleby DFW is one of the fastest growing metropolitan areas in the United States. With population growth comes an increased need for infrastructure such as roads, highways, pipelines and transmission lines. As a result, more and more landowners are faced with takings of all or a portion of their land. Eminent Domain and …
by Ron Holmes The Fourth Quarter of 2020 was, shall we say, interesting. Our bigger transactions were on COVID-19 pause, while our meat and potato transactions proceeded as almost normal. Some sectors (e.g. self-storage, industrial and multi-family) remained active while others (e.g. retail) came to a near halt. What will 2021 bring? My crystal ball …
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 Lynnsee Starr Most standard residential lease contracts do not ask tenants for this all-important information—the tenant’s birthdate. While the law creating the need for such information has not changed, judges’ attitudes have. The Servicemembers Civil Relief Act (SCRA) puts in place certain protections for active military status individuals. One of those protections pertains to …
by Ron Holmes – The ten-person group limit on outdoor gatherings applies… maybe Some time ago, Governor Abbott issued Executive Order GA-28 (the “Order”) imposing a ten-person group limit on outdoor gatherings. On August 1, 2020 the Attorney General’s office issued an informal legal opinion that the ten person limitation on outdoor gatherings applies to …
by Ron Holmes There is no doubt, at least from our perspective, the COVID-19 pause is taking its toll on commercial real estate development. The exceptions appear to be single-family lot development and single-family residential construction, both of which continue at a strong pace. I expect the pause to continue until the capital markets rebound …
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 …