This article covers state cases from 314 S.W.3d through 374 S.W.3d and federal cases during the same time period that the authors believe are noteworthy for adding to the jurisprudence on the applicable subject.
There were a few “landmark” cases in real property law during the current Survey period, and there were a number of otherwise significant cases. Unfortunately, the more significant cases create confusion and consternation rather than resolution of legal doctrines. In particular, the decisions concerning constructive notice are among the most important and imperative. The Texas Supreme Court extended a strict reading of waiver and “as is” clauses. The Texas Supreme Court also wrestled with difficult title issues along waterways and the ocean. Finally, the Texas Supreme Court confirmed and applied the rule of capture to groundwater.
J. Richard White, et al., Real Property, 66 SMU L. Rev. 1081 (2013)