Texas Real Property Flashcards
… POTENTIAL POLLUTION, and does not have to wait for actual pollution to occur.
… POTENTIAL POLLUTION, and does not have to wait for actual pollution to occur.
In Texas, common law joint tenancy __, but …
DOES NOT EXIST, but parties may contract for the right of survivorship.
In Texas, the implied warranty of habitability __, but …
DOES NOT EXIST, but Texas statutes require landlords to repair conditions that materially affect the physical health or safety of an ordinary tenant.
In Texas, residential tenants whose landlords have not repaired conditions that materially affect their physical health or safety may …
“…EITHER
(1) move out and terminate the lease without liabililty;
(2) stay, repair, and deduct the cost of repair;
or
(3) sue the landlord.”
Texas’s implied warranty of suitability covers …
… latent defects in the essential facilities of property under a commercial lease.
In Texas, tenants __ assign or sublet unless …
MAY NOT assign or sublet unless the language of the lease specifically provide for it.
In Texas, landlord’s statutory duty to repair extends to …
… any class of persons protected by the statute, even nontenants.
In Texas, the time period for a prescriptive easement is …
… 10 years.
In Texas, easements in gross __ be transferred, unless …
… CANNOT be transferred, unless the language of the easement expressly allows transfer or the easement is a conservation easement.
In Texas, an adverse possessor with color of title that pays all taxes may acquire title by adverse possession if he possesses for __ years.
5
In Texas, an adverse possessor without color of title and bare possession may acquire title by adverse possession if he possesses for __ years, but …
10 years, but his possession is limited to 160 acres unless a larger area is fenced in.
In Texas, an adverse possessor with color of title who pays all taxes while true owner was under disability may acquire title by adverse possession if he possesses for __ years.
25
In Texas, the maximum tolling period for disabilities is __ years, after which …
25 years, after which adverse possession begins to run even if owner remains under disability.
In Texas, the risk of loss once a contract of sale for property is signed is on …
… the person in possession at the time of the loss.
In Texas, a deed can be recorded if it is …
“… EITHER
(1) signed and notarized;
or
(2) signed by grantor and at least two witnesses.”
Texas has a __ recording act.
NOTICE
In Texas, an installment land contract is usually called a …
… CONTRACT FOR DEED.
In Texas, a mechanic’s and materialman’s lien has priority over …
… mortgages and other liens.
In Texas, deficiency judgments are limited to …
… the difference between the debt and the fair market value of the property (and not between the debt and the sale price, as on the MBE).
In Texas, sellers in a contract for deed after 2001 must …
“(1) give buyers detailed notice of a prospective forfeiture;
and
(2) give buyers at least 60 days to cure any default.”
In Texas, rights to rivers and lakes are subject to a permit regulatory system in which …
“(1) prior appropriation of water is a main factor;
and
(2) previous uses before the regulatory laws are grandfathered.”
In Texas, ground water is governed by the rule of capture, which provides that …
… any owner may take all the water from a well on her property, even if doing so takes all the water from her neighbor’s property.
Texas follows the __ approach to runoff and flood water, meanining …
NATURAL FLOW, meaning courts allow owners to drain and divert flood water so long as these measures are reasonable.
Under the Texas constitution, a homestead is …
… a place of business or a residence secured against the claims of creditors.
