Property Rights FAQ | Texas Family Law Powerhouse

Question 1

What are the requirements for easement by estoppel in Texas?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Gutmann v. Hennig. A 'win' in the form of a partial summary judgment can become a liability if a severance forces you to defend that win on appeal while simultaneously litigating the rest of the case at the trial level. If the costs of fragmented litigation outweigh the benefit of the judgment, parties can use Texas Rule of Appellate Procedure 25.1(c) to seek a 'consensual remand'—reversing the summary judgment and vacating the severance to reconsolidate the estate's litigation into a single, more cost-effective proceeding.

Question 2

What are the requirements to be a bona fide purchaser in Texas property disputes?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Mitchell Carter v. Administrator of the Estate of James M. Shumberg, Creg Thompson, Jon Papillon, Ryan Michael Shumberg, and InTown Builders, LLC. To preserve an appeal following a bench trial, you must strictly follow the two-step process for Findings of Fact and Conclusions of Law; failing to file a 'Notice of Past Due Findings' creates a presumption that the trial court found every fact against you, making a reversal nearly impossible.