Real Estate Title Lawyer serving Texas and New York
As a Real Estate Lawyer in Houston, Kirkpatrick Law handles a variety of real estate related legal matters including title disputes.
Kirkpatrick Law is a boutique law firm that can provide its clients with individual attention in the handling of real estate and title work. We are here to help you complete the purchase or sale of a client’s residential or commercial property.
We represent buyers, sellers, and lenders in all types of matters concerning real estate transactions. Our real estate and title services includes:
- Real estate closings
- Escrow services
- Preparing and reviewing purchase and sale contracts for commercial or residential properties
- Title searches
- Partitions of Real Estate
- Boundary Disputes
- Curing title defects
- Trespass to Try Title disputes
- Preparing deeds, leases, and other real estate documents
- Title insurance
Commercial Real Estate Transactions in Houston, Tx
Eric Kirkpatrick has extensive experience handling commercial real estate transactions. Generally, commercial and residential real estate transactions are somewhat similar. Yet, commercial transactions often include extra complexities involving the acquisition, development and leasing aspects.
Eric starts off helping his client assess the commercial real estate transaction. If they decided to move forward, then he will help structure a transaction that will provide the client the most favorable financial benefit. It is always important to remember that any real estate transaction can have tax implications. Kirkpatrick Law can help you understand your tax liabilities and how to best minimize them. We can prepare, review and file formation and other documents regarding partnerships, limited liability companies, and corporations. Additionally we can offer advice on tax issues, land use, planning, and zoning matters.
Residential Real Estate Titles
Investing in real estate is one of the largest investments a person will ever make. You want to make sure your investment is safe, don’t leave the details to chance. This is why you need to consult with an experienced real estate professional. They can help guide you along a path to a successful transaction and catch any problems before they occur. Kirkpatrick law can prepare and review Residential Purchase Agreements and correct any discrepancies between the Purchase Agreement and the escrow documents. We will perform a title search to make sure there are no problems with title to the home. These can be issues such as a lien for work done on the home that was not fully paid, or unpaid state or local taxes. We will work to resolve those types of issues before you close on the property.
Most residential real estate transactions are standard. However, some may include unique circumstances. These types of transactions include special easements or the dividing of land. These matters need a trained legal real estate professional to help you handle such. If your transaction involves anything that is not common and is out of the ordinary you will definitely need an experienced real estate attorney to protect your interest.
Kirkpatrick Law has worked with hundreds of transactions and can anticipate potential problems before they arise. Contact Kirkpatrick Law today so that your transaction will be as smooth and safe as possible.
Trespass to Try Title
Trespass to Try Title is a legal claim in which a person claiming title or the right of possession to property may be determined by a court. Simply put, Trespass to Try Title is a legal action that allows recovery of possession of land that is withheld from an owner who has the right to possession.
Chapter 22 of the Texas Property Code prescribes how these disputed title matters are to be resolved. The overarching issue is proving to the court which party has the superior title to the property under the law.
What we see in these lawsuits is various competing superior ownership claims. A successful court case must show and prove those specific elements as set out in the statutes and laws.
Kirkpatrick Law is well versed in these types of disputes and understands the character of the evidence needed to win your title claim. These are highly technical cases, and you need a lawyer with understanding of the detailed pleading and proof requirements required under the law.
Property boundary disputes are the most common type of property dispute. These disputes are often created by fence line disputes and claims arising from encroachments onto neighboring properties. In Texas, fence line disputes are some of the most hotly contested legal matters.
Boundary disputes are highly technical and often are based on historical treatment. If you have a boundary dispute call Houston’s real estate lawyer, Eric Kirkpatrick to handle your case.
A partition is a legal action that allows joint undivided property interest owners the ability to divide their property. These suits are available to real property owners with joint rights of possession in almost all circumstances.
There are two types of partition: (i) partition-in-kind; and (ii) partition by judicial sale. Partition by judicial sale is available only when a fair and fair division of the real estate cannot be made. Whether property can fairly be partitioned in kind is a question of fact for the court to decide. It has also been set in Texas law that mineral interests are susceptible to partition-in-kind, and the law favors such a partition.
If you share an ownership interest in real property and need to divide your share from the other party, you should consult an experienced real estate lawyer. They can help you evaluate the feasibility of a partition lawsuit.
Consult with a Real Estate Attorney
If you have any questions about Real Estate titles or transactions, please contact the Kirkpatrick Law Firm today. Eric Kirkpatrick is an experienced Houston real estate and title attorney. We will help make sure you are set up with the best-case scenario for your real estate legal matter.