Legal advice on Property

Selective Enforcement Selective enforcement is when an association attempts to enforce the rules against one or a select group of homeowners, while simultaneously not enforcing those same rules similarly against other homeowners. It is unlawful for an association to pick and choose who they want to enforce rules against, as they have a duty to apply the rules fairly and equally to all homeowners. Unfortunately, sometimes associations will target certain homeowners for improper or independent purposes, while simultaneously not applying those same rules to other homeowners. Selective enforcement is an affirmative defense that a homeowner may raise against an association conducting themselves in this manner. If you believe your association may be selectively enforcing rules against you, it is imperative that you speak to an experienced attorney who can analyze your individual situation along side your associations governing documents in order to give you proper advice as to how to handle this conduct. Waiver Associations have a body of governing documents that the association board and homeowners of the community must adhere to. Generally speaking an association has discretion to act or refrain from acting so long as the association is acting in good faith and in accordance with what is known in the business world as, the business judgment rule. Sometimes associations will stop enforcing certain rules of the community. When this happens and continues to happen for a substantial period of time, an event called waiver may occur. Say for example an association’s declaration provides that dogs over 40 pounds are not allowed in the community. While the association has every right to enforce this rule equally upon all homeowners in the community, they typically are not under an obligation to enforce this rule if they choose not to enforce it against any homeowner. The association cannot however, allow 40 pound dogs for numerous homeowners over many years and then arbitrarily begin to enforce the 40 pound dog restriction at whim. When an association fails to enforce a rule for an unreasonable amount of time, waiver has likely occurred and the homeowners may no longer be subject to restrictions of these rules.

Attorney Thomas B. Burton answers a reader question about the reader's options for selling a condo owned jointly with another person when the other person does not want to sell.

In this legal training video, Knoxville attorney Jed McKeehan talks about when surveyors are allowed to trespass on property. Learn more about this legal topic and others at http://attorney-knoxville.com. Follow us online: Facebook: https://www.facebook.com/JedMcKeehan/ Twitter: https://twitter.com/jedmckeehan #knoxvilleattorney #attorneyknoxville #insession

Overveiw A Title Company plays a crucial role in the real estate industry. Unfortunately, most people don*t know how crucial that role is. Most of the time, they act as an agent for the buyer, the seller and the insurance company, and take part in the transaction process. In this article, we discuss a title company*s function and responsibilities in more detail. What are the responsibilities of a Title Company? They conduct title searches. One of the key roles of a title company is to conduct title searches. In real estate, title actually refers to equitable interest and numerous legal rights that pertain to a particular piece of property. A title search is a crucial process that helps provide valuable information about a property that is about to be sold or bought. A title search will help to disclose existing lines of credit, judgments, special assessment, and unpaid taxes, and other issues. The title search will also help to uncover any leases, easements or any other restriction that should be a concern to the buyer. Once the title company has successfully conducted a title search, it will issue a detailed report of their findings to the parties involved in the sale and purchase. They issue Title insurance policies. If a title search is conducted properly, then the buyer should have absolutely nothing to worry when they close the deal. However, regardless of how thoroughly the search is performed, it is possible to miss something. Some of hidden problems that can arise later include things like defective deeds, land mineral rights that were previously unknown, forgotten wills, invalid court proceeding and undisclosed heirs. Title insurance is crucial because it helps to protect the buyer against unforeseen issues that may arise later. It also helps to protect buyers from fraudulent ownership claims. They act as closing agent. The title company usually act an agent of each party involved in the transaction process. As a result, they are closing agents. One of their main role is to ensure that all parties involved in the transaction process sign valid closing documents. Once the deal is closed, they usually record all documents and present them to county*s recorder*s office. The closing process is quite complicated, especially for mortgages. Many signatures, forms and documents are needed. The title company will help ease the process by acting as the closing agent. They will act as the intermediary between the buyer and seller as well as ensure that all necessary documentation is served, signed and recorded. They serve as escrow office. If you hire the services of a title company, then they will most likely act as your escrow officer. This means that they will be responsible for handling all funds including down payment and closing costs. They will ensure that all funds are paid and disbursed properly. They will work closely with all parties involved as per the instructions provided to them.

* Determine compensation Adequate compensation for the easement is a critical factor in the agreement. The most common valuations of compensation are measured per foot (linear or square), per acre, or per *rod* of the pipeline. Offering a set amount is also a common practice. In addition to the permanent easement area, companies also tend to request access for a temporary work area. If so, it should also be compensated for in the agreement. Lastly, Texas courts further recognize remainder damages, which is compensation based on the decreased value of the remainder of the property outside of the easement area. * Determine the size and specify the area of the easement The size of the easement depends on the permanent pipeline easement and the temporary work/construction easement. A landowner should aim to limit the size of these easements in an effort to reduce the amount of land used and/or damaged by the easement. With regard to the temporary work easement, make sure that the termination date is honored and seek damages (or additional compensation) if not. Further, specificity is key in protecting a landowner*s interests within an easement agreement. An agreement that allows a pipeline to be laid *over and across* a landowner*s property*or other similar, broad language*is known as a blanket easement because it essentially gives the company permission to lay the pipeline anywhere on the property. A landowner must be proactive and define a specific easement area and any temporary work area. The company should survey the area and also make the survey an attachment to the agreement itself. * Limit the easement agreement to one pipeline and one product Pay close attention to the easement agreement language to ensure that it allows only one line on the property. This includes forbidding the company from assigning or granting its rights to another company with the intention of laying another pipeline in the easement. Once the limitation to one pipeline is established, the landowner should maintain informed of the product running through the pipeline on his or her land. If the company wants to change the product that flows through the pipeline, it should inform the landowner because a second easement would likely be necessary. * Set the standard for the pipeline*s diameter and pressure A pipeline*s diameter and pressure are directly related to the safety of the pipeline. A landowner*s goal is to negotiate with the company for a pipeline that is moderate in diameter and pressure. * Set a specific minimum pipeline depth Texas law generally requires that pipelines be buried 36 inches below the ground. However, erosion can eventually put the pipeline outside of this standard. Therefore, set the pipeline*s depth at least 48 inches or require that the company maintain, at all times, the minimum 36-inch depth. * Make sure the easement is nonexclusive A landowner is best situated when he or she retains the right to grant additional easements within the easement area. This maximizes the easement area and prevents taking up even more of the landowner*s property for easement purposes. * Research restrictive covenants Restrictive covenants impose either restrictions on the use of property or obligations on the property owner. Before finalizing any easement agreement, check any restrictive covenants that the property may be subject to and how they apply to the easement. * Limit transferability A landowner must determine whether it is in his or her best interest to allow the pipeline company to assign its rights under the agreement to a third party. If such assignment is allowed, the agreement should provide that the company must obtain written consent from the landowner and that the third party will have to abide by the terms of the agreement. The company is ultimately held liable for any breach by the third party. * Right to damages and remedies The company should be responsible for damages caused during construction, maintenance, repair, and replacement activities. The company should also provide notice to the landowner of any of the previously mentioned activities, especially those that may disrupt the landowner*s use of the property. If the company breaches the easement agreement, Texas courts will only terminate the agreement if the violation is deemed *material*. Materiality is a question of fact, the determination of which can lead to a long and expensive judicial process. A proactive landowner can mitigate the determination of materiality by clearly defining in the agreement what violations are deemed material. A landowner can also set forth specific conditions that can terminate the agreement, regardless of materiality. * Reserve surface use Once the pipeline is laid down, the landowner should be able to use as much of the easement area as necessary as long as it does not interfere with the pipeline*s operation and maintenance. * Liability and indemnification provisions The agreement should state that the landowner is not liable for any acts, omissions, or damages caused by the company, its agents, contractors, or employees. Basically, any claim brought against the landowner will be passed on to the pipeline company, while the landowner is held harmless. * Consult a licensed, experienced eminent domain attorney Although this article provides a helpful framework of issues to consider, a prudent landowner should contact an attorney experienced in easement negotiations before executing a pipeline easement agreement. A pipeline easement attorney will negotiate terms that are in the landowner*s best interest and maximize compensation. If a pipeline company is attempting to secure an easement on your property, contact Padua Law Firm*s for a free consultation at 713-840-1411 or email at [email protected]