Skelton Slusher Barnhill Watkins Wells PLLC Skelton Slusher Barnhill Watkins Wells PLLC | Lufkin Litigation Lawyers 2026-10-01T11:37:46Z https://www.skeltonslusher.com/feed/atom/ WordPress On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[3 red flags to watch for in a Texas commercial lease]]> https://www.skeltonslusher.com/?p=48860 2026-09-28T13:33:55Z 2026-10-01T11:37:46Z Default clause Under the Texas Property Code, landlords have the legal right to change the locks on commercial tenants who fall behind on rent, even without prior notice. However, after changing the lock, they must stick a notice on the tenant's front door giving the name of the person or company holding the new key, along with that person's address or telephone number. The landlord only has to provide the new key during the tenant's regular business hours, and only after the tenant pays the delinquent rent. In other words, a sudden lockout can shut your business down until you pay what is owed.In other words, a sudden lockout can shut your business down until you pay what is owed. The statute sets the minimum, but your lease can give you more protection. Before signing, check how the default clause is written. A lease that requires written default notices and fair cure periods before the landlord can exercise any remedy, including a lockout, is important for maintaining operational stability.

Personal guarantee requirements

While creating an LLC normally shields your personal assets, a personal guarantee clause in the commercial lease may undermine that protection. If you overlook the clause and sign it, you may become liable for rent, fees and damages if your company defaults.

Excessive holdover rent escalations

Staying in your space past the agreed-upon lease end date can trigger the financial penalties set out in the lease's holdover clause. Texas courts usually enforce holdover provisions even when they dramatically increase your daily or monthly costs, leaving you with limited legal options to challenge the rates once the lease is signed. Some holdover clauses also make the tenant liable for the landlord's other losses, such as a new tenant who cannot move in on time.

How an attorney can help protect your business

Commercial lease agreements in Texas are complex and heavily favor property owners who draft them. Tackling these legal pitfalls without guidance can lead to unexpected financial burdens down the road. A business attorney can review your lease terms, spot hidden risks and negotiate a contract that safeguards your commercial interests.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[Can an HOA control the tenant screening process?]]> https://www.skeltonslusher.com/?p=48857 2026-09-14T03:17:51Z 2026-09-18T03:16:59Z What HOAs cannot do When it comes to managing your property, Texas statutory guidelines limit how far a homeowners association interferes with your tenant selection process. Under these guidelines, the HOA may not:
  • Approve or reject your tenant
  • Request a tenant’s credit report or consumer background report
  • Demand to see the original rental application or lease paperwork that the tenant submitted to you
In short, the law keeps tenant screening in your hands as the landlord.

What can HOAs still do?

While the law limits administrative oversight, associations still have the power to preserve community safety and property standards. As a result, your HOA may:
  • Ask for the name, mailing address, phone number and email address of each resident under the lease
  • Inquire about the date and total length (term) of the lease
  • Enforce general leasing rules regarding minimum lease duration or occupancy limit
In other words, even if the association cannot choose your tenant, it may still try and enforce community standards.

Take proactive steps

You can usually find your HOA’s rental rules in the county’s public records. Reading these rules can help you see what you can and cannot do with your house. Should you encounter ambiguity in the clauses or rules, you can contact a real estate attorney for further clarification.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[3 main causes of contract disputes in business]]> https://www.skeltonslusher.com/?p=48853 2026-08-28T15:45:00Z 2026-09-02T15:43:54Z Vague language in agreement terms Ambiguous phrasing creates confusion about specific duties and timelines. When an agreement relies on informal understandings or vague words, each party often interprets responsibilities differently. Common sources of confusion include:
  • Unclear project scopes or delivery standards
  • Unspecified timelines for project milestones
  • Vague terms regarding liability or termination rights
Clear written terms eliminate this guesswork before work starts. A good agreement spells out every duty in plain detail so no party has to guess.

Failure to perform obligations on time

Time is money in any industry. When one party misses a target date, the delay hits your entire schedule like a fallen row of dominoes. Missed deadlines halt daily operations and lead to lost income. A failure to perform on time can constitute a material breach of agreement. Documenting all project delays and written communication helps establish a record if financial damages occur.

Disagreements over payment and deliverables

Fights over payments often start when finished work looks nothing like the original plan. A customer might hold back cash because the quality falls short, or a contractor may demand additional pay for extra tasks outside the initial scope. Reviewing the exact words in the original document helps clear up payment fights. A close look at the original terms shows if a real breach occurred or if a simple rewrite can solve the issue.

Protect your business with clear legal terms

When a business breach occurs, you must evaluate all written communications, invoices and contract terms. Speaking with a lawyer helps you review your choices, protect your balance sheet and resolve business fights without unnecessary stress.  ]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[5 legal protections to consider in a Texas oil and gas lease]]> https://www.skeltonslusher.com/?p=48852 2026-08-17T14:18:00Z 2026-08-20T11:06:38Z Royalty valuation should be clear In Texas, disputes often arise over how a producer calculates value and whether certain charges reduce payments. A strong clause states the valuation method with precision. It should address gross proceeds, market value and post-production expenses. Clear wording can reduce later conflicts over compression, transportation or treatment charges.

Surface terms should protect the land

Texas law recognizes that the mineral estate usually carries dominant rights. Even so, a lease can place reasonable limits on operations. Surface protections may cover road placement, pipeline placement, site selection, water use, fencing and other important terms. Without specific language, the Lessor is not required to restore the premises when operations are complete. The agreement may also require payment for damage to crops, livestock or improvements. Specific terms often prevent avoidable conflicts once activity begins.

A Pugh clause can preserve open acreage

A Pugh clause requires careful drafting. A horizontal Pugh clause releases acreage outside a pooled or producing unit, while a vertical Pugh clause severs depths above and below the producing formation. Express language is essential. This clause does not automatically protect mineral owners from lease-holding across nonproducing acreage or untouched depths without specific provisions for each scenario.

A depth clause can free unused formations

Depth severance language in the vertical Pugh clause must define a precise depth benchmark and release timing. Without these specifics, generic clauses create ambiguity under Texas contract law, leaving unused depths tied to the lease. In areas with stacked plays, this protection can carry significant value and preserve flexibility.

Shut-in should impose real limits

Under Texas law, a shut-in royalty clause applies when a gas well capable of producing in paying quantities lacks market access or pipeline facilities. It does not cover oil wells without explicit drafting. Lease language should define qualifying conditions, set payment amounts and deadlines and limit shut-in duration to prevent idle acreage.

What to know before signing the lease

Lease review should focus on practical protections, not boilerplate. Careful drafting can protect income, property and future options. Before signing, a Texas mineral owner should seek guidance tailored to the tract, the title and the proposed operation.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[Can you pass surface rights down to your heirs in Texas?]]> https://www.skeltonslusher.com/?p=48848 2026-08-10T20:59:33Z 2026-08-13T09:39:48Z How surface rights pass through an estate plan The documents in your estate plan can determine who receives your surface rights and how ownership transfers. Depending on your circumstances, that transfer may occur through:
  • A will that identifies the person who will receive the property
  • A trust that holds and distributes the real estate
  • Texas intestate succession laws when no valid estate plan exists
  • Property deeds and records that define the ownership interest
Although each method can transfer surface rights, the process and the resulting ownership can differ depending on the legal documents involved.

What happens after your heirs inherit surface rights?

Who inherits your surface rights can also shape future property ownership. If one person inherits the property, ownership will generally transfer to that individual. If multiple family members inherit together, they may become co-owners with equal rights to use and manage the property unless your estate plan provides otherwise. The process can also differ depending on whether the property passes through probate or under the terms of a trust. In either case, the transfer documents establish who owns the surface rights once the estate settles.

Planning today can help preserve family property

Surface rights can remain in a family for generations, but that does not always happen automatically. The way you structure your estate plan can influence who receives the property, whether ownership stays together or becomes divided and how your heirs carry out your wishes after your death. Many Texas landowners use surface rights to protect a family's history, future plans or financial goals.Taking those rights into account as part of your estate plan can help reduce uncertainty and create a clearer path for the next generation of property owners.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[Key areas to address in a partnership agreement]]> https://www.skeltonslusher.com/?p=48849 2026-07-30T11:19:00Z 2026-08-04T11:15:44Z When one person decides to start a business by themselves, the business formation process may be fairly streamlined. They get to make all of their own decisions and create the business exactly the way they desire. But when two partners are going into business together, there are some additional steps that need to be taken. It is very important to officially define their working relationship, and it is often wise to use contractual documentation like a business partnership agreement. Below are three different areas this agreement can address, although every situation is unique.

Division of income

To start with, the partnership should clearly define how the partners are going to divide income, along with any related debt. How much money are they each going to contribute to the business? Do they take a set salary, an hourly wage or just a percentage of revenue? This needs to be defined in advance to avoid future disputes.

Ownership percentages

Along with dividing income, the partners need to divide their ownership in the business itself. This could be as simple as saying that two partners each own 50% of the company. But it is still important to clearly define that in the agreement, especially when it comes to making key business decisions or selling an ownership share in the future.

Roles and responsibilities

Finally, the partnership agreement may define specific roles for each partner. Who makes creative decisions? Who makes financial decisions? Who makes key choices about the workforce or bringing on new employees? Many partnership disputes happen because the partners have overlapping roles, or assume they do, so defining them in advance can help. The key is to be careful and proactive at the beginning of the business formation process, taking the correct steps to address any issues upfront. As business partners work their way through this process, they need to know what legal options they have.  ]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[How Texas community property law affects estate planning]]> https://www.skeltonslusher.com/?p=48845 2026-07-16T12:14:52Z 2026-07-21T12:14:00Z Community and separate property fundamentals As a community property state, Texas considers most income and assets acquired during marriage to be community property. For example, wages earned during marriage belong equally to both spouses, affecting how they pass in a will. Separate property includes assets owned before marriage, individual inheritances and certain gifts. A premarital home is a common example, and it follows separate property rules during probate. This means it does not automatically pass in equal shares. Reviewing your family's major assets helps confirm how each item is classified and how that classification impacts estate planning decisions.

Planning for mixed‑character assets

Mixed‑character assets contain both community and separate interests. A frequent example is a premarital home that receives community funds for mortgage payments or improvements. Those contributions create a community interest in the property, which must be traced to determine accurate shares. Careful planning reduces disputes and helps ensure shares transfer according to Texas law.

Key steps for effective planning

Taking a few steps can help families manage property classifications with confidence. These include the following:
  • Review all assets and determine their character.
  • Maintain records that support separate property claims.
  • Consider agreements that clarify ownership during marriage.
  • Update estate planning documents as circumstances change.
By taking these steps, you create a strong foundation for accurate and efficient estate administration. Partnering with a legal representative can help you build a plan that reflects your goals.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[What is an easement appurtenant?]]> https://www.skeltonslusher.com/?p=48841 2026-07-01T09:40:28Z 2026-07-06T09:39:47Z but to an individual. This type of easement does not run with the land.

What difference does it make?

One of the main differences between these two types of easements involves what happens to them if the property changes hands. With an easement in gross, since it only benefits an individual, a new buyer is generally not obligated to uphold the easement. They could certainly choose to do so, and they may enter into an official agreement with another property owner to do so. But it is not part of the land itself, so it is their decision. With an easement appurtenant, however, the new owner typically takes on the obligation after the transfer. That is why it is so important for people to understand if an easement exists when making an offer or completing the purchase process. They are still going to have to allow the easement even after they take possession of the land, meaning that someone else may be allowed to access or use that property. Easements can have an impact on property values, and they can also lead to disputes between property owners regarding how they apply or when they need to be upheld. When these disputes occur, it is important for those involved to know what legal options they have.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[Business lawsuits often constitute complex litigation]]> https://www.skeltonslusher.com/?p=48837 2026-06-17T09:26:29Z 2026-06-22T09:25:48Z What makes litigation complex? Complex litigation involves factors that can drastically increase the timeline for resolving the dispute. Often, the complexity comes from the amount of evidence that the courts must assess to appropriately resolve the legal dispute. When one business files a lawsuit against another, there may be hundreds of cases of relevant documents that require an analysis to ensure that the outcome of the case is fair. It may take months to gather and assess evidence and even longer to effectively present it in court. Other times, lawsuits that involve parties in more than one jurisdiction or multiple plaintiffs can end up classified as complex litigation. There are often special judicial procedures for complex litigation, and business leaders may need to prepare for a much more protracted process than they might face in a simple legal dispute. The many complicating factors that arise during business litigation can lead to a much more protracted and costly legal process than individuals face in minor lawsuits. Working with legal professionals familiar with the challenges of complex business litigation can help business leaders to better ensure that they understand the process ahead and adhere to all requirements imposed by the courts.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[How asset preservation planning works in Texas estates?]]> https://www.skeltonslusher.com/?p=48835 2026-06-09T10:24:39Z 2026-06-12T10:23:59Z preservation planning in Texas estates often focuses on helping you organize land, business interests, and other property in a way that may lower risk from creditors, lawsuits, and long term money problems. In Deep East Texas, where you may own land, run a business or work with natural resources, these choices can shape how secure your plan feels over time.

How does asset preservation support Texas estates?

You often start by looking at what you own, how you own it and what risks could affect it. Texas law offers several protections, but those protections often depend on how you set up your assets. Texas law includes homestead protections. These rules may protect a primary home from certain creditor claims. In addition, the Texas Property Code sets out personal property exemptions that may protect certain types of assets. As planning continues, it often includes your business interests too. From there, you may look at ways to separate personal assets from business risks.

How do common planning tools support asset protection?

You may see several tools used together when building a plan. Each tool has a different role, and together they may help reduce different types of risk. Common examples include:
  • You use limited liability companies or partnerships to keep business and personal assets separate
  • You set up trust arrangements to guide how you manage and pass on assets
  • You use exemption planning to work within Texas property protection laws
  • You create clear ownership structures to show who owns land or business interests
These tools often work best together instead of on their own, depending on your situation and long term goals.

How do risks usually show up in Deep East Texas?

In areas where land and natural resource businesses are common, risks can show up in a few everyday ways. Boundary disputes, contract issues and debt claims can affect both land and business operations. You may also deal with issues tied to shared ownership or inherited property. Because of this, planning often examines how assets move, how you title them and how different obligations could affect them over time.

What key legal considerations shape Texas planning?

Several legal points often shape how you structure your planning:
  • Homestead protections usually apply only to a qualifying primary residence under Texas law
  • Debt claims often depend on timing and the type of obligation involved
  • Business entities may help keep business risk separate from personal property
  • Trust terms may guide how you manage and share assets
Each of these points can affect how well different planning tools work together under Texas rules.

Building stability through practical planning choices

Asset preservation planning in Texas estates often comes down to balancing protection with day to day ownership needs. When you understand how exemptions, business structures and trusts work together, you may get a clearer sense of how your estate plan supports both current needs and longer term financial concerns.]]>