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 Dear George: At what point is a residential contract legally executed? Can anyone void a contract after it has been signed by all parties?
Answer: We presume you mean "contract offer" as opposed to "contract." A contract offer is legally binding, provided it otherwise meets the statutory requirements of a written Texas real estate contract, when both parties (or their legal representatives) are aware that an agreement has been reached and that they have a meeting of the minds. That awareness is the only piece that can be spoken or otherwise audibly accomplished. When the last person to receive the contract offer has signed or "executed" it and has communicated that fact back to the other party, the contract offer becomes a contract. When that occurs, the broker inserts the date it was signed or executed; this becomes the effective date of the contract. The contract is said to have been be an executed contract (i.e., legally executed) when it has been fully performed by all the parties to it. A contract cannot be changed, altered, modified, or amended without the written agreement of all parties.
The answer to your question about voiding a contract is tricky. If the contract offer has become a contract as explained above, it cannot be voided unless the contract is voidable. Otherwise, a party can fail to perform on the contract, but that usually results in default and other provisions in the contract.
Dear George: Is road frontage required to complete a land sale in Texas?
Answer: No. Road frontage is not a requirement to complete a land sale in Texas. Property without access via a public road is referred to as landlocked. One can own landlocked property in Texas; however, you should consult an attorney before you buy or sell landlocked real estate.
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| Dear George: My mother owns the mineral rights to her property and has been approached in person to sign an agreement to allow exploration. She has never signed. Recently, a company started drilling nearby. Is there a radius around the drilling site for which the oil company must still obtain consent or pay royalties to mineral-rights owners? Also, I inherited a piece of property. What is the best way to get a mineral lease?
Answer: In both of the above situations, you need to contact an oil and gas specialist. If someone is drilling next door, there may be a pooling agreement. You first need a good title search from a qualified "land man" who does oil and gas searches for a living. He could also help you find someone in the market to purchase a mineral lease. Mineral rights are a highly specialized area of the law. Contact an attorney who specializes in this area.
Dear George: We purchased a summer place that has had water access through an easement since the original owner set it up; we have papers. Someone recently bought the property that the easement is on and blocked the road. No one from my subdivision is allowed through. The Lower Colorado River Authority cut his fence, but he just put up a cable. Do we have any rights here?
Answer: You and the other homeowners who use the easement need to hire an attorney. This is like the third grade; some bully is trying to take the easement. The longer you wait, the harder it gets. If there is a recorded document that created the easement, have an attorney review it and determine if it's still valid. Sometimes easements have termination provisions.
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