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30 Cards in this Set
- Front
- Back
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In Texas, common law joint tenancy __, but ... |
DOES NOT EXIST, but parties may contract for the right of survivorship.
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In Texas, the implied warranty of habitability __, but ...
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DOES NOT EXIST, but Texas statutes require landlords to repair conditions that materially affect the physical health or safety of an ordinary tenant.
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In Texas, residential tenants whose landlords have not repaired conditions that materially affect their physical health or safety may ...
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...EITHER
(1) move out and terminate the lease without liabililty; (2) stay, repair, and deduct the cost of repair; or (3) sue the landlord. |
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Texas's implied warranty of suitability covers ...
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... latent defects in the essential facilities of property under a commercial lease.
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In Texas, tenants __ assign or sublet unless ...
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MAY NOT assign or sublet unless the language of the lease specifically provide for it.
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In Texas, landlord's statutory duty to repair extends to ...
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... any class of persons protected by the statute, even nontenants.
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In Texas, the time period for a prescriptive easement is ...
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... 10 years.
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In Texas, easements in gross __ be transferred, unless ...
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... CANNOT be transferred, unless the language of the easement expressly allows transfer or the easement is a conservation easement.
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In Texas, an adverse possessor with color of title that pays all taxes may acquire title by adverse possession if he possesses for __ years.
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5
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In Texas, an adverse possessor without color of title and bare possession may acquire title by adverse possession if he possesses for __ years, but ...
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10 years, but his possession is limited to 160 acres unless a larger area is fenced in.
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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.
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25
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In Texas, the maximum tolling period for disabilities is __ years, after which ...
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25 years, after which adverse possession begins to run even if owner remains under disability.
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In Texas, the risk of loss once a contract of sale for property is signed is on ...
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... the person in possession at the time of the loss.
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In Texas, a deed can be recorded if it is ...
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... EITHER
(1) signed and notarized; or (2) signed by grantor and at least two witnesses. |
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Texas has a __ recording act.
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NOTICE
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In Texas, an installment land contract is usually called a ...
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... CONTRACT FOR DEED.
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In Texas, a mechanic's and materialman's lien has priority over ...
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... mortgages and other liens.
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In Texas, deficiency judgments are limited to ...
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... 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).
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In Texas, sellers in a contract for deed after 2001 must ...
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(1) give buyers detailed notice of a prospective forfeiture;
and (2) give buyers at least 60 days to cure any default. |
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In Texas, rights to rivers and lakes are subject to a permit regulatory system in which ...
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(1) prior appropriation of water is a main factor;
and (2) previous uses before the regulatory laws are grandfathered. |
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In Texas, ground water is governed by the rule of capture, which provides that ...
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... 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.
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Texas follows the __ approach to runoff and flood water, meanining ...
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NATURAL FLOW, meaning courts allow owners to drain and divert flood water so long as these measures are reasonable.
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Under the Texas constitution, a homestead is ...
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... a place of business or a residence secured against the claims of creditors.
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In Texas, a homestead may be obtained by any ...
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family or single adult.
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In Texas, any family or single adult may obtain a homestead by ...
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(1) intending to have a property as a homestead;
AND (2) either (a) actually occupying the land or (b) taking such acts of preparation that a court would conclude they were about to occupy it. |
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In Texas, the two basic kinds of homesteads are ...
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(1) rural and (2) urban.
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In Texas, the acreage of rural homestead ...
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(1) cannot exceed 200 acres for a family or 100 acres for a single person;
(2) must all be used as a homestead; and (3) need not be contiguous. |
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In Texas, the an urban homestead ...
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(1) may be residential or business (as the place to exercise the business or calling);
(2) may combine residential and business uses; (3) can be a single lot or lots combined for no more than 10 acres; and (4) must be contiguous. |
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In Texas, the only debts that can force a sale of homestead property are ...
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(1) tax debts;
and (2) loans tied to the property---any regarding buying, financing, or improving the property or any with equity in the property. |
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In Texas, a homestead owned by a husband and wife cannot be __ or __ without joinder of both.
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CONVEYED or ENCUMBERED.
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