Texas real property law governs the ownership of land rather than personal property. The associated rights and obligations of real property have their origins in the common law of Medieval England. They can therefore be difficult to interpret under a modern legal system.

Some aspects of Texas real property laws will specifically affect business owners. Environmental laws determine how you dispose of the waste that your business creates and zoning laws regulate the type of business you can run on your property.

Keep the following points in mind when you speak with a lawyer who practices real estate law in Texas:

1. Property is not a tangible object in the strict legal sense. Rather, it is a collection of rights that are protected by Texas property laws. These rights include not only ownership but the right of use.

2. A person that possesses land is entitled to protect his ownership against anyone who is unable to demonstrate a superior claim.

3. A consensual transaction such as a sale or a gift is the most common way of obtaining an interest in property. However, ownership may change without the property owner’s consent, as in the case of bankruptcy or some other court judgment.

Action Steps
The best contacts and resources to help you get it done

Obtain insurance from an agent familiar with real property law in Texas

The property laws in your state will affect the insurance that your particular business needs. Specific types of property insurance include protection from property damage, public liability and rent interruption.

I recommend: Create your own checklist of types of coverage your business will need at Smart Business, which gives the steps to take and types of coverage to consider when obtaining property insurance. State Farm offers insurance on business property in all 50 states and allows you to search for an agent by city, state, zip code and area code.

Find a tax lawyer who is familiar with Texas land laws

Taxes generally are higher on business property than residential property and most businesses will require the services of a real estate lawyer. Texas lawyers will ensure you pay your taxes on time and receive any deductions that you are allowed.

I recommend: Attorneypages.com allows you to find attorneys in Texas by practice area, or you can select a search radius from a zip code that you specify. Lawyers.com allows you to search for real estate attorneys by city and allows you to sort by county.

Hire a lawyer familiar with Texas property laws to handle real estate transactions

Buying, selling or renting property will require the services of a real estate attorney. Texas lawyers can ensure that the contract protects your interests and is legally enforceable.

I recommend: Pampa-based Holt & Fields has a variety of practice areas, including real estate. Houston-based Thomas D. Solomon represents entrepreneurs in several areas, including commercial real estate.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Small businesses normally hire an attorney that practices Texas real property law by the hour, rather than keeping one on retainer. While a lawyer is necessary when buying and selling property, you can save money by completing as much paperwork as possible by yourself.