Real Property Flashcards
When can an owner withhold payments owed to the original contractor?
When the owner receives lawful notice of the claim - not liable for any money paid to the original contractor before he received notice
What is the effect of an owner receiving notice on a lien?
The lien has been secured and reduced to a final judgment, the owner is liable, and his property is subject to a claim for any money paid to the original contractor
Who may secure a mechanic’s lien?
In Texas, a contractor, subcontractor, architect, engineer, surveyor, or other supplier of materials (materialman) or labor to be used for the construction or repair of a house, building, improvement, or railroad may secure a mechanic’s lien on the property if the materials or labor were provided pursuant to a contract.
What does a mechanic’s lien do?
Secures payment for labor performed, for materials furnished, or specially fabricated, or for the preparation of a plan or plat
T/F the property owner must retain during the progress of work and for 30 days after work is completed either 10% of the contract price of the work to the owner or 10% of the value of the work measured by the proportion that the work done bears to the work remaining, the contract price, or, if no contract price, the reasonable value of completed work.
I don’t know, true
What does someone filing a mechanic’s lien need to do?
The person claiming the lien must file an affidavit with the county clerk no later than the 15th day of the 4th calendar month, or the 3rd calendar month for residential projects, after the day the indebtedness accrues
What does an affidavit for a mechanic’s lien need to contain
signed by the person claiming the lien and must include a sworn statement of the amount of the claim, names and last known addresses of the owner, original contractor, and claimant, a statement of work preformed and a legally sufficient description of the property
What are the 6 covenants in a general warranty deed?
Present covenants - Covenant of seisin, covenant of right to convey, covenant against encumberances
Future covenants - right to quiet enjoyment, covenant of warranty, covenant of future assurances
What covenants does a special warranty deed contain
same covenants as a general warranty deed, but only warrants against defects arising during the time the grantor has title
What warranties does a quitclaim deed have?
None - basically you’re screwed
What do you need for a homestead to exist in texas
there must be an enforceable right, plus the right of possession in the property. Must intend to occupy the property as a homestead and make overt acts signaling such intention
rural homestead consists of…
200 acres for a family and 100 for a single person
urban homestead consists of…(also what does it need to be considered urban)
no more than 10 acres of 1 or more contiguous lots
property is (1) located within the city limits, its extraterriotiral jurisdiction, or platted subdivision, (2) served by municipal police, fire protection, and at least 3 of either electric, natural gas, sewer, storm sewer, or water services.
Can there be a mixed homestead?
No
In Texas, an instrument conveying real property may not be recorded unless…
it is signed and acknowledged or sworn to by the grantor (i) in the presence of two or more credible subscribing witnesses; or (ii) before and certified by an officer authorized to take acknowledgments or oaths
From whom is the homestead not protected during a forced sale?
purchase money mortgages, taxes on the property, refinance of a lien against the homestead, work and material used in constructing improvements on the property, home equity loans, reverse mortgage, and owelty of partition.
How does an owner show that noncontinuous property is part of a rural homestead?
must show that the second tract—on which he does not live—is necessary to the use and enjoyment of the tract on which he does live, as a home
Can married spouses sell, convey, or encumber a homestead without joiner of the other spouse?
No
what is the warranty of habitability?
In Texas, a landlord must provide a safe, decent, and sanitary dwelling, and he must make repairs of any conditions that threaten the health or safety of an ordinary tenant
Does a landlord have a duty to make repairs?
Yes, the landlord must make a diligent effort to repair a condition if the tenant gives proper notice of the condition, the tenant is not delinquent on rent at the time notice if given, and the condition materially affects the health and safety of an ordinary tenant.
What can the tenant do if the landlord breaches the warranty of habitability?
terminate the lease, remedy the defect & deduct from rent, sue for damages, or defend against eviction if premises aren’t safe or habitable
What is a fee simple determinable?
A fee simple determinable is a fee simple limited by durational language such as “as long as,” it terminates automatically upon the occurrence of the stated condition and goes back to the grantor.
A deed is a ______interest whereas a deed of trust is a ________ interest
title; security
When can promissory estoppel be used to enforce a promise?
if: (i) the promisor should reasonably expect to induce action or forbearance by the promisee, (ii) the promise does induce such action or forbearance, and (iii) injustice can be avoided only by enforcement of the promise.
