Author Archives: Byron L. Brown
Make Your Vote Count in the May 5 Texas Election
Well, it’s election season again in Texas. Two uniform election dates occur each year in the Lone Star State: (1) the first Saturday in May, and (2) the first Tuesday after the first Monday in November. That makes next Saturday, May 5, 2018, the big day for candidates running for public office all across… Read More »
Defining Words by Ordinary or Particular Meaning – It Depends
According to Abraham Lincoln, “a lawyer’s time and advice are his stock in trade.” I would add that the tools of the lawyer’s trade are words. In some cases, millions of dollars have been “won” and “lost” in legal battles over the meaning of a single word. Therefore, it behooves a lawyer to use… Read More »
Icy Roads, Respondeat Superior and Scope of Employment
This week, much of Texas experienced icy conditions on the roadways, resulting in many school and business closures. Some such “inclement weather” closures may be strictly for humanitarian reasons, but others may be, at least in part, for employer liability reasons. This article discusses when an employer may be held liable for an employee’s… Read More »
The Law of Gifts: No Strings Attached (For the Most Part)
‘Tis the season of giving, and hopefully by now all the things you intend to give have been got. I know of some folks who not only have all of their shopping done, but also have everything wrapped already. Likewise, I know of some folks who still have some shopping or wrapping to do—or… Read More »
Caveat Emptor: Material and Nonmaterial Corrections to Deeds
In a previous article, we examined the anatomy of a deed. In this follow-up, we will examine a few options to correct certain errors in deeds. But first, let’s spend a moment on how errors in deeds tend to occur in the first place. The ordinary system of conveying title to real property can… Read More »
Freedom of Speech and City Regulation: Signs of the Times
With all the discussion surrounding the “take a knee” protests at the NFL recently, there have been a lot of references to the First Amendment right to freedom of speech. However, the First Amendment is not implicated by these protests; and, in my experience, people are quick to proclaim First Amendment protection in many… Read More »
Hurricane Harvey Underscores Flooding Definitions in Real Estate
Hurricanes Harvey and Irma have devastated property in the coastal regions of our country, especially in Texas and Florida. For insurance purposes, it may be necessary to determine whether damage to a particular property is a result of “windstorm” or “flooding,” which generally depends on how those terms are defined in the insurance policy…. Read More »
Who Owns the Street?
They say that all roads lead to Rome, but does anybody ever wonder who owns those roads? We occasionally encounter that question in our practice, and the answer often varies. In common parlance, the term “road” generally refers to an unimproved public way, while the term “street” refers to an improved public way—hence why… Read More »
Lien In: A Guide to Lien Categories and Priorities
Spell check is a wonderful tool, especially for attorneys. However, there are some words that attorneys frequently deal with and which often sneak past the spell check filters. One such word is “lien,” or rather, it is the phrase “a lien.” Amusingly, I have seen more than one petition filed with a court, complaining… Read More »
When A River Changes the Course of Real Property
Mark Twain famously quipped “buy land, they’re not making it anymore.” However, whether due to lava flows or receding glaciers, the fact is that Mother Nature is making more land available all the time. Sure, lava flows and glaciers are somewhat uncommon, especially in Texas, but geography anywhere can change by weathering, erosion, or… Read More »