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Selected Date: 3/11/2015
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Estates Code 752.102 on 3/11/2015

	
					

Text of section effective until September 01, 2017

Sec. 752.102.  REAL PROPERTY TRANSACTIONS. The language conferring authority with respect to real property transactions in a statutory durable power of attorney empowers the attorney in fact or agent, without further reference to a specific description of the real property, to:

(1)  accept as a gift or as security for a loan or reject, demand, buy, lease, receive, or otherwise acquire an interest in real property or a right incident to real property;

(2)  sell, exchange, convey with or without covenants, quitclaim, release, surrender, mortgage, encumber, partition or consent to partitioning, subdivide, apply for zoning, rezoning, or other governmental permits, plat or consent to platting, develop, grant options concerning, lease or sublet, or otherwise dispose of an estate or interest in real property or a right incident to real property;

(3)  release, assign, satisfy, and enforce by litigation, action, or otherwise a mortgage, deed of trust, encumbrance, lien, or other claim to real property that exists or is claimed to exist;

(4)  perform any act of management or of conservation with respect to an interest in real property, or a right incident to real property, owned or claimed to be owned by the principal, including the authority to:

(A)  insure against a casualty, liability, or loss;

(B)  obtain or regain possession or protect the interest or right by litigation, action, or otherwise;

(C)  pay, compromise, or contest taxes or assessments or apply for and receive refunds in connection with the taxes or assessments;

(D)  purchase supplies, hire assistance or labor, or make repairs or alterations to the real property;  and

(E)  manage and supervise an interest in real property, including the mineral estate, by, for example:

(i)  entering into a lease for oil, gas, and mineral purposes;

(ii)  making contracts for development of the mineral estate; or

(iii)  making pooling and unitization agreements;

(5)  use, develop, alter, replace, remove, erect, or install structures or other improvements on real property in which the principal has or claims to have an estate, interest, or right;

(6)  participate in a reorganization with respect to real property or a legal entity that owns an interest in or right incident to real property, receive and hold shares of stock or obligations received in a plan or reorganization, and act with respect to the shares or obligations, including:

(A)  selling or otherwise disposing of the shares or obligations;

(B)  exercising or selling an option, conversion, or similar right with respect to the shares or obligations;  and

(C)  voting the shares or obligations in person or by proxy;

(7)  change the form of title of an interest in or right incident to real property; and

(8)  dedicate easements or other real property in which the principal has or claims to have an interest to public use, with or without consideration.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.

The statutes available on this website are current through the 86th Legislature, 2019. The Texas Constitution is current through the amendments approved by voters in November 2017. In 2018 the section headings to the constitution, which are not officially part of the text of the constitution, were revised to reflect amendments and to modernize the language.