Elmaton Land Use & Zoning Lawyer, Texas

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Daniel Eugene Hayes

Commercial Real Estate, Real Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  61 Years

William Roy Pendergraft

Commercial Real Estate, Wills, Business & Trade, Business
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  28 Years

Herbert W. Henry

Commercial Real Estate, Oil & Gas, Industry Specialties, Wills
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  54 Years

Lawrence P. Gwin

Commercial Real Estate, Oil & Gas, Clean Air Practice, Elder Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  40 Years

Free Help: Use This Form or Call 800-814-6700

Member Representative

Call me for fastest results!
800-814-6700

Free Help: Use This Form or Call 800-814-6700

By submitting this request, I authorize you to forward my information to multiple potential lawyers and I agree to your Terms of Use and Privacy Policy including the Consent to Receive Automated Phone Calls, Emails and Texts. Information you provide is not privileged or confidential.

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LEGAL TERMS

VESTED REMAINDER

An unconditional right to receive real property at some point in the future. A vested interest may be created by a deed or a will. For example, if Julie's will ... (more...)
An unconditional right to receive real property at some point in the future. A vested interest may be created by a deed or a will. For example, if Julie's will leaves her house to her daughter, but the daughter gains possession only after Julie's husband dies, the daughter has a vested remainder in the house.

NET LEASE

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.

CO-TENANTS

Two or more tenants who rent the same property under the same lease or rental agreement. Each co-tenant is 100% responsible for carrying out the rental agreemen... (more...)
Two or more tenants who rent the same property under the same lease or rental agreement. Each co-tenant is 100% responsible for carrying out the rental agreement, which includes paying the entire rent if the other tenant skips town and paying for damage caused by the other tenant.

HOUSE CLOSING

The final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has b... (more...)
The final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has been recorded.

INCIDENTS OF OWNERSHIP

Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.

CAUSE OF ACTION

A specific legal claim -- such as for negligence, breach of contract or medical malpractice -- for which a plaintiff seeks compensation. Each cause of action is... (more...)
A specific legal claim -- such as for negligence, breach of contract or medical malpractice -- for which a plaintiff seeks compensation. Each cause of action is divided into discrete elements, all of which must be proved to present a winning case.

CONTRACT

A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts tha... (more...)
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts that can be carried out within one year can be either oral or written. Major exceptions include contracts involving the ownership of real estate and commercial contracts for goods worth $500 or more, which must be in writing to be enforceable. (See statute of frauds.) A contract is formed when competent parties -- usually adults of sound mind or business entities -- mutually agree to provide each other some benefit (called consideration), such as a promise to pay money in exchange for a promise to deliver specified goods or services or the actual delivery of those goods and services. A contract normally requires one party to make a reasonably detailed offer to do something -- including, typically, the price, time for performance and other essential terms and conditions -- and the other to accept without significant change. For example, if I offer to sell you ten roses for $5 to be delivered next Thursday and you say 'It's a deal,' we've made a valid contract. On the other hand, if one party fails to offer something of benefit to the other, there is no contract. For example, if Maria promises to fix Josh's car, there is no contract unless Josh promises something in return for Maria's services.

INTANGIBLE PROPERTY

Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items... (more...)
Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items may be represented by a certificate or license that fixes or approximates the value, but others (such as the goodwill or reputation of a business) are not easily valued or embodied in any instrument. Compare tangible property.

TORTIOUS INTERFERENCE

The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to ... (more...)
The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to deliver goods on time.

SAMPLE LEGAL CASES

COLUMBUS MARKET v. Zoning Bd. of Galveston

Property owners appeal the district court's order affirming the decision of a municipal zoning board to uphold a decision by a city administrative agency to deny the property owners' application for a city permit to demolish property in a historical area of the city. The property owners ...

Barr v. City of Sinton

... In response, the city passed a zoning ordinance that not only precluded the use of the homes for that purpose but effectively banned the ministry from the city. ... When Barr began his ministry, the City imposed no zoning or other restrictions on his use of the homes. ...

City of Sherman v. Wayne

... In this regulatory takings case, we determine whether James Wayne's claims are ripe for adjudication and, if so, whether the evidence supports the trial court's judgment that application of the City of 39 Sherman's residential zoning ordinance to Wayne's property deprived him of ...

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