Landowner Alert System 3-10-21

Legislative Update:

The Texas Real Estate Advocacy & Defense (TREAD) Coalition has organized a legislative update webinar for landowners on March 24th, to inform property owners about bills impacting the eminent domain process in Texas. Eminent domain allows the government or private companies to take private land for public use. This is called a “taking.”  Examples of this include takings of private property for oil & gas pipelines, energy transmission lines, or rail lines. TREAD supports eminent domain reform to protect landowner rights and give them a say in the eminent domain process. For more information about TREAD visit www.treadcoalition.org.


TREAD Talk – Eminent Domain Legislative Update

TREAD invites you to an advocacy update for landowners on eminent domain. The Legislature’s priorities this session have shifted from COVID-19 to Texas’s power grid, and yet legislators are filing promising legislation to address the needs of landowners like YOU… REGISTER TODAY

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Fence Lines & Boundary Disputes:

The Eggemeyer v. Hughes case illustrates one of the issues that landowners may face when their old surveys contain descriptions of a fence line or other non-permanent features as the property line.  Inadequately defined property lines are often brought to a landowner’s attention only after a dispute arises or when the landowner wishes to sell all or a portion of the property.  It can be beneficial to review title documents prior to such events arising, especially when land has been passed down through generations. At Braun & Gresham, we can help landowners to clarify title and boundary lines when their ownership documents contain ambiguous descriptions. If you have questions or would like more information, please contact me at (512) 894-5426 or jhatton@braungresham.com.

– Joanne Hatton, Attorney & Counselor


Court Addresses Property Line Dispute Involving Fence and 100-Year Old Agreement

The El Paso Court of Appeals recently considered Eggemeyer v. Hughes, a case involving a disputed boundary line. At issue was a 100-year old agreement regarding the proper boundary line that referred to certain mesquite trees and rock piles, a fence line drawn on a decades-old survey, and the ownership of 90 acres of land… READ MORE

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Easement Contract Considerations:

Soon, the Texas Supreme Court will decide whether emails between a landowner’s attorney and a Right-of-Way agent related to negotiating the terms of a pipeline easement established an enforceable contract between the parties. Unfortunately in this case, the landowner did not memorialize the agreed terms in a contract and when the landowner sought to enforce what they thought was an agreement, the pipeline company argued there was no valid, enforceable contract. The lesson in this case is not to trust the word of a right-of-way agent. In order to protect your right to receive fair compensation for your land in the condemnation process, you need a valid written contract. Braun & Gresham can help landowners negotiate these kinds of agreements and ensure the compliance with their terms. If you have questions or would like more information, please contact me at (512) 894-5426 or cbarton@braungresham.com.

– Carly Barton, Attorney & Counselor


Texas Supreme Court Addresses Whether Emails Constitute a Contract

In 2020, the Texas Supreme Court decided two cases related to an important question:  Can a series of emails constitute a legally binding, written contract as required by the Statute of Frauds?  Today, we will look at one of these cases, Copano Energy, LLC v. Bujnoch. Given the prevalence of email in today’s society, this case offers important lessons to keep in mind… READ MORE

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Braun & Gresham offers the Landowner Alert System to help our clients and colleagues stay informed on issues affecting landowners and their land. This free e-mail service comes out once every two weeks and gives subscribers exclusive access to a range of information including announcements about important changes in the law, upcoming educational seminars, insightful blogs by our legal team, and other current articles related to Texas land and law. Anyone interested in land will benefit.

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