Real Estate Law in Texas
Are you preparing to buy or sell real estate in Texas? Have you found yourself in the middle of a property dispute? Or are you a tenant dealing with a landlord who refuses to make repairs?
Whether you rent or own, Texas real estate law gives you specific rights and protections. Residential and commercial property transactions do not always unfold without problems.
Issues may happen concerning ownership, liability, or access, and these matters can be more complicated than they appear. Real estate disputes often involve more than just the immediate buyer and seller.
Types of Real Estate Law Disputes
Real estate conflicts in Texas are fairly common, and some are highly complicated. In many situations, disagreements cannot be resolved privately and end up requiring the courts. Judges are considered the most neutral authority, though litigation can be time-intensive and expensive.
To better understand your options, it helps to review some of the most frequent types of disputes Texas property owners, renters, and buyers encounter.
Escrow Deposit
Escrow accounts are a necessary part of most property purchases in Texas. They ensure that funds are safely held until all contract terms are satisfied and the closing is complete.
Problems occur if a deal falls apart and both sides claim entitlement to the money. When neither party is willing to compromise, escrow disputes often escalate into full legal proceedings.
Easement Real Estate Dispute
Easements allow individuals or entities to legally use a portion of another person’s land for limited purposes, such as utilities or shared access roads. These agreements often lead to disputes when property ownership changes hands.
A neighbor may believe they retain access rights simply because the prior owner permitted use for many years. While communication can sometimes resolve the disagreement, unresolved conflicts often require formal legal remedies.
Landlord/Tenant
Conflicts between landlords and tenants are frequent under Texas law, ranging from maintenance concerns to improper handling of security deposits. State statutes establish duties for both parties in rental arrangements.
For example, Texas landlords must return security deposits within 30 days after the tenant moves out, with an itemized list of deductions if applicable. Tenants, on the other hand, must pay rent as agreed and avoid damaging the property. In certain cases, tenants may be entitled to withhold rent when landlords fail to make critical repairs.
Contract Breaches
A written contract is essential for every valid real estate transaction in Texas. Still, not every contract meets the legal standards needed to hold up in court.
When an agreement lacks important terms or contains vague language, disputes often emerge—especially when one party does not fulfill its obligations. Since real estate contracts are legally binding, it is crucial that they are drafted carefully and comply with Texas law before any deal moves forward.
Fraud/Omissions
Fraud claims in real estate are among the most challenging disputes to prove, which is why skilled legal help is so important. Texas has several statutes that address fraudulent activity in property sales.
One of the most significant is the Fraud in Real Estate and Stock Transactions statute, also called Statutory Fraud. To succeed under this law, a buyer must show that the seller knowingly misrepresented a material fact or made a false promise intended to induce the purchase.
Boundary Lines
Boundary disputes arise when neighboring property owners disagree about where one parcel ends and another begins. These conflicts often stem from fences, trees, or ambiguous survey lines.
Because property records are not always clear, these disagreements can be difficult to resolve without judicial involvement. Attempting to enforce boundaries on your own may worsen the problem, making court intervention the most effective option.
Ownership
Ownership questions can be surprisingly complex in Texas real estate. Verbal transfers without written documentation, improperly executed wills, and other informal arrangements often cause confusion.
In addition, competing claims may come from lienholders or family members who believe they hold legal rights to the property. Resolving such issues typically requires both legal review and, in many cases, court action.
Liens
Liens are another frequent obstacle in Texas property transactions. They reduce marketability and may prevent a buyer from securing financing until cleared.
Under the Texas Property Code, a judgment lien attaches to real estate once a creditor records the judgment with the county clerk. Some property—such as a homestead—may qualify for exemptions. Unless satisfied or discharged, liens may remain attached to property for up to 10 years.
What Should You Do If You Are in a Real Estate Dispute in Texas?
If you are facing a disagreement involving property rights or ownership, your first step should be consulting a Texas real estate attorney. Having an experienced advocate ensures your rights are protected and gives you clear guidance on how to move forward.
Learn About Real Estate Law
Texas real estate law is complex, and every situation is unique. Learning how the law applies to your case helps you understand the stakes and prepares you to act decisively. A knowledgeable lawyer can explain your options and create a legal strategy to safeguard your interests.
Work With an Experienced Real Estate Attorney in Texas
Real estate disputes account for a large share of civil litigation in Texas. Still, trial is not always necessary—many matters can be resolved through negotiation or settlement. Courts may award damages or issue injunctions if informal resolutions are not possible.
Our network of attorneys assists Texas landlords, tenants, buyers, and property owners with a full range of real estate issues. If your situation extends across state lines, we can also connect you with counsel in other jurisdictions.
Submit a request online or call (866) 345-6784 today to speak with a Texas real estate lawyer and get the help you need.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
There are still more areas of Texas law that could be applicable to your case! Explore more of our content below:
