Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Thursday, May 24, 2012

Statute of Frauds as to real estate transactions: What kind of description of the property is sufficient?

   
ADEQUACY - or otherwise - OF PROPERTY DESCRIPTION TO SATISFY THE STATUTE OF FRAUDS
  
The statute of frauds does not require that a complete description of the land to be conveyed appear in a single document. See Padilla v. LaFrance, 907 S.W.2d 454, 460 (Tex. 1995)) (holding that series of letters between parties satisfied statute of frauds). A property description is sufficient if the writing furnishes within itself, or by reference to some other existing writing, the means or data by which the particular land to be conveyed may be identified with reasonable certainty. See AIC Mgmt. v. Crews, 246 S.W.3d 640, 645 (Tex. 2008). The description of the land may be obtained from documents that are prepared in the course of the transaction, even if those documents are prepared after the parties’ contract for sale. See Porter v. Reaves, 728 S.W.2d 948, 949 (Tex. App.—Fort Worth 1987, no writ) (description of land as “1/2 of 20-acre tract” satisfied statute of frauds because location of tract was not disputed, the parties referenced a drawing of the tract in their contract, and seller was required to furnish “current survey” of land after contract was executed); see also Adams v. Abbott, 254 S.W.2d 78, 80 (Tex. 1952) (description furnished by exchange of correspondence between the parties)
   
SOURCE: HOUSTON COURT OF APPEALS - 01-11-00460-CV – 5/25/12 
General Metal Fabricating Corporation v Stergiou (Tex.App.- Houston [1st Dist.] May 24, 2012)

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