Author Archives: Drew Shirley
Gated Communities, Private Roads and Public Services: a Practical Guide
A general law city has exclusive control over its city streets, and private citizens cannot restrict access to public roads; therefore, all roads in a gated community must be private roads. The city can sell public streets to private interests by following certain procedures. Once the roads are private, however, the city cannot enforce… Read More »
Wraparound Mortgage or Lease Option in Texas Real Estate?
The wraparound mortgage and the lease option are two creative ways to sell residential real estate in Texas. They both offer an alternative to buyers and sellers who are unwilling or unable to use conventional lending to close the purchase and sale of the property. Unfortunately, both methods are also subject to strict governmental… Read More »
Legalities and Practicalities: Recognizing the Difference in TV Dramas and Real Life
My lovely wife, despite being several years younger than I, has television viewing habits that one might normally associate with, shall we say, a slightly older demographic. Or, to put it another way, she likes Murder, She Wrote and Matlock. I find this hilarious for a couple of reasons. First, my wife watches these… Read More »
How To Write An Investor-Friendly Real Estate Contract
If you’re a Texas real estate investor, you will have many occasions when you will have to use the TREC form that most realtors use exclusively. But if there are no brokers involved, or they don’t mind if you and your seller use a different contract form, you should offer to submit the contract form… Read More »
How May a Home Rule City Annex Land?
Everything is bigger in Texas, they say, and sometimes cities grow in size by annexation. Such an expansion is governed by sets of procedures under state law as well as city charter for home rule cities. A home rule city may manage its own affairs and looks to state law to see what it… Read More »
How Should a Texas Home Rule City Fill a Vacancy on City Council?
City attorneys are called upon to guide city councils are legal procedures and processes for host of municipal actions, including how to fill a vacancy on city council. In Texas, home rule cities look to their charters as well as Texas law for the proper steps. Various issues that could arise if the City… Read More »
How Should a Municipality in Texas Terminate an Easement?
The most important consideration for a city that desires to terminate an easement is to avoid retaining any interest in the land, which would create a “cloud” on the title of the real property. However, as an interest in real property, the easement cannot simply be “released” or “abandoned,” it must be conveyed or… Read More »
Who? What? Where? When? Why? The Five W’s of Official Newspapers in Texas
Is a city in Texas required to designate an “official newspaper,” and if so, would the city would be required to publish notices in a newspaper that has its offices within the city limits? Does the city need to designate an official paper? It depends, in part, on whether the city is a home… Read More »
Demolition Plan: The Power of Cities To Destroy Buildings
How does a city deal with an abandoned building creating problems for neighbors? The Texas Local Government Code authorizes cities to abate nuisances created by substandard buildings if they establish and follow certain procedures. However, in 2012, the Texas Supreme Court ruled that the Texas Constitution requires an “independent court review” of a city’s… Read More »
Selling a House in Texas with Lease Options is a Nuanced Process
Selling a house in the state of Texas does not always need to be an outright, simple sales transaction. Still, some people in the market, as either a buyer or seller, wonder if it is even legal to arrange for a rent to own deal for a residential property in this state. The short… Read More »