Statute
Texas Property Code
31 published works
Energy & the Law
Texas Correction Deed Statute Revisited
Those who continue to be horrified by Broadway National Bank, Trustee v. Yates Energy Corp. should be relieved that the result in Endeavor Energy Resources, LP v. Anderson was more…
The Fiduciary Litigator
Court Holds That Probate Court Had Jurisdiction Over Inter Vivos Trust Dispute And That A Beneficiary Waived A Complaint About A “No Liability” Order For A Trustee
In Goepp v. Comerica Bank & Trust, N.A., the settlors created inter vivos trusts and their three children were the remainder beneficiaries. No. 03-19-00485-CV, 2021 Tex. App. LEXIS 5461 (Tex.…
Texas Law Blog
Oils Well that Ends Well: Texas First Purchaser Lien Act Affords Working Interest Owners Greater Secured Rights
By Eric Lockridge, Katilyn Hollowell, Will Huguet
The Texas Legislature recently repealed the Texas First Purchaser Statute (Tex. Bus. & Com. Code § 9.343) and replaced it with the Texas First Purchaser Lien Act (now Tex. Prop. Code…
Energy & the Law
Texas Court Addresses Anti-Washout Clause and Rule Against Perpetuities
Co-author Brittany Blakey Yowell v. Granite Op. Co. and Apache Corp. v. Peyton Royalties, L.P. is another Rule Against Perpetuities case. Keep reading. The anti-washout protection for your reserved overriding…
Texas Construction Law Blog
Lien Inception
By Joe Virene
When owners file bankruptcy or projects otherwise go south, lien priority often comes to the forefront. The idea is relatively simple. Priority is how courts determine which creditors get paid…
Construction Payment Blog
Texas Notice of Contractual Retainage: Collecting Retained Funds
The state of Texas’ lien process is complicated, to say the least. Specifically when it comes to the preliminary notice requirements. To add to the list of notices required under…
Construction Payment Blog
Texas Notice of Specially Fabricated Materials | All You Need to Know
The general rule for material suppliers under Texas mechanics lien laws is that lien rights will not cover any materials that aren’t delivered to the job site or incorporated into…
The Fiduciary Litigator
Administering A Trust In A Recession: Securing Loans For Beneficiaries
Beneficiaries often request that a trustee secure a loan from a third party. In an economic downturn, such requests are even more prevalent. As a general rule, a trustee should…
The Fiduciary Litigator
Court Holds That A Party Was Entitled To A Jury Trial On Initial Issues Before A Trial Court Could Modify A Trust
In In re Troy S. Poe Trust, trustees of a trust that was embroiled in litigation filed suit to modify the trust to increase the number of trustees and change…
The Fiduciary Litigator
Court Holds That A Trustee Has To Serve Until Properly Replaced
In Waldron v. Susan R. Winking Trust, a daughter was a beneficiary of a trust set up by her parents. No. 12-18-00026-CV, 2019 Tex. App. LEXIS 5867 (Tex. App.—Tyler July…