Deep Dives: Making Texas Real Estate Law Understandable
by Trey Wilson, San Antonio Real Estate Lawyer and Texas Water Rights Attorney
This podcast created Created by Texas Real Estate Attorney and Water Lawyer Trey Wilson. The hosts explore Texas court decisions involving Real Estate Law and water rights through casual conversation designed to be understood by the average listener. Legal concepts addressed by Texas Courts are discussed in a fun and conversational tone. This podcast is not intended to offer legal advice, but rather, to entertain while educating the listener Contact Trey WilsonSan Antonio Real Estate LawyerTexas Water Rights Attorneywww.SanAntonioRealEstateLawyer.com210-354-7600
Episodes
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Produced Water - Land or Mineral Estate?
This episode explores a brand new Texas Supreme Court decision in Cactus Water Services, LLC v. COG Operating, LLC (No. 23-0676 (June 27, 2025)) that definitively resolves the characterization of produced water ownership. Summary by Trey Wilson, Texas Real Estate and Water Law Attorney in San...
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Are Wind Farms a Legal Nuisance?
Case: Green v. Century Oak Wind Project, LLC Court: Court of Appeals of Texas, Eleventh District, Eastland Date: December 12, 2024 Case Number: No. 11-23-00125-CV Overview This case involves an appeal by landowners challenging the trial court's dismissal of their nuisance lawsuit against the...
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Easement Uses Not Set in Stone - Tech Changes Affect Scope
Case: Pedernales Electric Cooperative, Inc. (PEC) v. Samuel S. White, Janette Barlow, Gregory Colon and Stephanie Colon (Landowners) Significance: This case establishes a precedent for broadly interpreting easement language in favor of grantees, especially in the context of public utilities. It...
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Deed Restrictions and Short Term Rentals - Texas Supreme Court Strikes Again
Case: JBrice Holdings, L.L.C. v. Wilcrest Walk Townhomes Ass'n Court: Supreme Court of Texas Date: April 22, 2022 Summary: This case concerns the legality of a homeowner's association (HOA) prohibiting short-term rentals within a townhome community. The Supreme Court of Texas ultimately ruled in...
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Pre-Purchase Inspection and Non-Disclosure Claims
Case: George Lesieur v. Timothy & Sandra Fryar, Cynthia Morales d/b/a Morales Realty, and Cynthia Gonzalez Court: Texas Court of Appeals, Fourth Court of Appeals, San Antonio Date: March 10, 2010 Significance: This case highlights the critical role of pre-purchase inspections in real estate...
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Land Must Be Sufficiently Described in Real Estate Contract
Case: Dayston, LLC (Appellant) v. Jonathan D. Brooke (Appellee) Court: Court of Appeals of Texas, Eastland Date: October 8, 2020 Case Number: No. 11-18-00288-CV Significance: Highlights the importance of precise and complete property descriptions in real estate contracts. This case serves as a...
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Texas Supreme Court Addresses Prescriptive Easements
Case: Albert v. Fort Worth & W. R.R. Court: Supreme Court of Texas Date: February 16, 2024 Significance: This case clarifies the application of prescriptive easement principles in Texas, highlighting the importance of open, notorious, continuous, and exclusive use adverse to the landowner's…
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Texas Courts Can Color In Details of Easements (Sometimes)
Southwestern Electric Power Co. v. Lynch Court: Supreme Court of Texas Date Decided: February 28, 2020 Case Citation: 595 S.W.3d 678 Parties: Petitioner: Southwestern Electric Power Company (SWEPCO) Respondents: Kenneth Lynch, Tommy Batchelor, and Twant Wilson (Landowners) Significance: The case...
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CrossTex: Texas Supreme Court Clarifies "Private Nuisance" Law
Case: Crosstex North Texas Pipeline, L.P. v. Andrew Gardiner and Shannon Gardiner Court: Supreme Court of Texas Date: June 24, 2016 Citation: 505 S.W.3d 580 Subject: Private Nuisance Main Themes: This case grapples with defining "nuisance" under Texas law, clarifying its elements, and outlining…
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Easement Rights and Diminishing Lake Levels
Case: Uptown Cars, Inc. v. Newcastle Management Trust and Jerry Landers Court: Texas Court of Appeals, Third District, at Austin Case No.: 03-22-00422-CV Date: October 31, 2024 Subject: Dispute over easement rights to access Lake Travis. Summary: This case involves a dispute between a...
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Property Condition Disclosures and "AS-IS" Contracts
Case Name: Jeffrey Hammond and Callie Hammond, Appellants v. Crista L. Hanser, Jeffrey W. Connell, Michael W. Clapp, DSJMM, LLC and Flutobo, Inc. D/B/A Keller Williams Realty Northeast, Appellees Court: Court of Appeals for the First District of Texas Case Number: NO. 01-22-00707-CV Date of...
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Texas Groundwater Rights Summarized
Groundwater Rights in Texas Texas adheres to the "absolute ownership" rule, meaning landowners possess absolute ownership of the groundwater beneath their property. This right, established through common law and upheld by the Texas Supreme Court, allows landowners to produce unlimited groundwater...
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Legal vs. Equitable Title to Real Estate
Legal Title vs. Equitable Title in Texas Real Estate1. What is the difference between legal title and equitable title? Legal title represents lawful ownership of a real estate property and is typically evidenced by a deed recorded in the county's public records. It usually includes the right to...
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AS-IS Clauses Not Iron Clad
Case: Ivy v. Garcia, Tex Court of Appeals, 3rd Dist. 2019 Filed: August 9, 2019 Appellate Court Holding: Reversed and Remanded Summary: This case involves a dispute over alleged misrepresentations and non-disclosures by sellers (the Garcias) in the sale of their home to the buyer (Ivy). The…
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Injunctive Relief in Water Diversion Cases
Case Briefing: Muniz v. Dugi (2022) Case: Alberto & Bridget Muniz (Appellants) v. Mike & Mary Ann Dugi (Appellees) Court: Court of Appeals of Texas, Fourth District, San Antonio Date: May 11, 2022 Case No: 04-20-00528-CV Presiding Judge: Honorable M. Rex Emerson Main Issues: Boundary Dispute:...
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Specific Performance Under Texas Real Estate Contracts
Case: Heights Property Management, LLC (HPM) v. Joyce Marie Scales Court: Court of Appeals for the First District of Texas Date: October 22, 2024 Case No.: 01-22-00750-CV Subject: Specific Performance of a Residential Real Estate Contract Summary: HPM, a real estate investment company, sued Joyce...
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Limitations in Nuisance and Trespass Claims
Case: R.R. Yalamanchili, Appellant v. Chayn Mousa, Appellee Court: Court of Appeals of Texas, Fourteenth District, Houston Date: April 22, 2010 Case Number: NO. 14-08-00491-CV Subject: Nuisance, Trespass, Statute of Limitations, Permanent Injunction Summary: This case involves a property dispute...
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Easement by Estoppel
This document summarizes key themes and important facts from five Texas court cases regarding easements. The cases provide insights into different types of easements, requirements for their establishment, and relevant legal arguments. Important Facts and Legal Arguments: 1. Cores v. LABORDE…
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About this show
This podcast created Created by Texas Real Estate Attorney and Water Lawyer Trey Wilson. The hosts explore Texas court decisions involving Real Estate Law and water rights through casual conversation designed to be understood by the average listener. Legal concepts addressed by Texas Courts are discussed in a fun and conversational tone. This podcast is not intended to offer legal advice, but rather, to entertain while educating the listener Contact Trey WilsonSan Antonio Real Estate LawyerTexas Water Rights Attorneywww.SanAntonioRealEstateLawyer.com210-354-7600
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Trey Wilson, San Antonio Real Estate Lawyer and Texas Water Rights Attorney
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