Tag: property rights
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A County Takes On the Con Artists. Will Families Recover Their Houston Deeds?
Houston spans four counties. The most populous among them, Harris County, is dealing with a stunning rash of deed fraud. The county has filed court actions charging a slew of defendants over a wide-ranging scheme. Houston families are now hoping to regain control of their deeds following the move by Abbie Kamin, the Harris County…
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My Parent Will Move Into Our In-Law Cottage. What Are Her Rights If My Spouse and I Divorce?
These days, more local governments are making way for deed holders to build in-law cottages, formally known as accessory dwelling units, as additions to the home or separate structures on the same lot as the main house. Many of these deed holders will consider this an opportunity to add value to their homes and…
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Deed Holder Rights: What to Do If a Neighbor Damages or Destroys Your Tree
Trees are some of the most beautiful, valuable, and cherished features a home could have. That said, trees can also become points of contention between deed holders. Especially if a tree is near the property’s boundary line, misunderstandings can easily arise. At that point, deed holders wonder about their rights and obligations concerning the tree.
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Their Fence Is Encroaching on Your Property. Could You Lose the Land?
It’s an odd legal concept. Building anything on the wrong side of a property boundary isn’t legal, but if nothing is done about it, the improper fence builder could become the owner of the enclosed land. So, say you’re uncertain about the placement of the fence. Your neighbor put it up six years ago. You…
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Legal Title? Equitable Title? Your Stake in the Deed, and Why It Matters
Holding the title to real estate involves responsibilities and duties related to the upkeep, use, and control of a specific property. The name of the property owner, appearing in the public records, identifies the person with legal title. The person named on the deed has that famous “bundle of rights” (like the right to transfer…
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Title Companies: Obsolete in the Digital/AI Age, or Defenders of Critical Infrastructure?
“AI alone cannot meet the industry’s standards for accuracy, consistency and reliability.” — The First American Financial Corporation The First American Financial Corporation, which offers title insurance for deed transactions through First American Title™, has published a new white paper report, How Title Insurance Protects the Critical Infrastructure Supporting the U.S. Real Estate Economy and the…
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Maine’s Top Court Stops Condo Deed Holder From Being Kicked Out
Once upon a time, in 2022 to be precise, the Tidewater Loft Condominiums Association sued Judith L. Moskal-Kanz. They sought to foreclose on her unit and sell it. Moskal-Kanz bought the condo unit in Old Orchard Beach, Maine through a warranty deed in December 2017. It’s a condo complex overlooking the beautiful Maine beachfront.…
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The Easement on the Title: Can We Be 100% Sure It Still Exists?
An easement grants the right to use someone else’s property for a specified reason. You probably know this. But do you know the difference between a recorded easement deed, and the actual way an easement is used? Just because an easement deed is recorded, you might assume it still legally exists. And you’d likely be…
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Residents Sue, Citing Deed Restrictions, to Stop Construction on Their Neighbors’ Yard
In the University Woods subdivision of Houston, residents saw construction begin on an extra, “Airbnb-style” house on their neighbor’s property. They sued to halt it. Their claim? Putting an extra building on a home property violates the local deed restrictions.
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Title Thieves Are Robbing the Dickens Out of Homeowners
Richard Helbig is a 75-year-old retired home renovator. Now, Helbig is back to work—as a dishwasher. What happened? He lived in his four-bedroom home in North Carolina for 16 years. He redid the kitchen and bathrooms. He paid off the home loan and accumulated $200K+ in equity. But a couple of title pirates took it…
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Winds of Change in Chicago: Is the Party Over for Investors Who Profit From Property Tax Foreclosures?
BREAKING NEWS: While the proposal is being considered, Cook County’s spring 2026 tax sale has been suspended. What’s going on with property tax seizures in Chicago? First, we know that “legalized equity theft” through foreclosure was finally held unconstitutional by the U.S. Supreme Court in 2023, in Tyler v. Hennepin County. The Court held that…
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Shakedown in Miami: City Presses Deed Holder to Give Up Front Yard Space for Potential Street Expansion
Chad is a deed holder in Miami. He says the city is trying to take front yard space away from him. He only wanted to create a backyard dwelling unit. When he requested permission, Miami insisted that Chad must transfer a part of his front yard to the city. What’s more, the strange process Miami…
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California Ends “Home Equity Theft” in Property Tax Foreclosures
California recently made an important change to its foreclosure law. When California deed holders face foreclosure on liens placed against their titles for unpaid property taxes, they would find themselves losing all their equity. It’s a practice commonly called home equity theft. From October 2025 on, California deed holders will no longer have to face…
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Texas Law Restricting Foreign Buyers Chills Chinese Investment
Tonya Li works as a real estate agent in Austin. A Sotheby’s agent, Li has represented Chinese clients for the better part of a decade. Li reports losing 50% of her work after Texas enacted a new state law, banning certain foreigners from buying real estate. Texas Senate Bill 17 came into effect in September.…
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Home Building or Repairs: How to Fight Construction Fraud or an Unfair Lien
Residential construction fraud can include contractors not finishing paid-for work; fraudulent invoicing for work not done; manipulative bidding; malicious liens; or false statements about their credentials, or about whether (or how much) work is required. For an example of the first problem, we begin with a current set of allegations in metro Philadelphia.
