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  • 1.  Help moving from Civil to Common

    Posted 06-28-2021 10:46
    I practice in Louisiana but looking to expand into Texas and maybe farther. Is there some sort of cliff notes for a change from Civil to Common property law? Not something to rely on entirely, but to help me as I make the transition. Anything will help. Thanks.

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    Henry Bethard
    owner
    Echo Title Company
    Shreveport LA
    +1 (318) 236-6000
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  • 2.  RE: Help moving from Civil to Common

    Posted 06-29-2021 07:09
    I highly recommend the Iowa Land Title Association 4 part education program. It is Iowa specific, but Iowa is very much based on common law real estate

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    Joel Holstad
    President
    National Title Resources Corp.
    Forest Lake MN
    +1 (651) 274-8989
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  • 3.  RE: Help moving from Civil to Common

    Posted 06-29-2021 12:26

    I practiced in La. For 23 years and then moved to N.C. following Katrina. Each state has a go to provider of CLE to prep for the state bar. I'd locate and purchase the materials for the state you will be looking to get licensed in. To be honest, the differences between common and civil law is semantical. Anything you can do in La., you can do in most if not all common law jurisdictions, but terminology may be different. For example, in La. there are servitudes, while in other states it is called an easement.

     

     

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  • 4.  RE: Help moving from Civil to Common

    Posted 06-30-2021 08:49
    Gary,

    I am wondering if the Iowa TIRS State Compliance Guide may help you. It has information about Title Laws and regulations and also custom and practice specific to Iowa. We offer this information at ALTA and if this is of your interest I can help you with any of your questions.

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    Carolina Perez
    Product Manager
    American Land Title Association
    Washington DC
    +1 (202) 296-3671
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  • 5.  RE: Help moving from Civil to Common

    Posted 06-30-2021 08:53
    We also have the TIRS State Compliance from every state and maybe it would interest you to have the Texas guide. You can find a free DC guide on our website at alta.org

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    Carolina Perez
    Product Manager
    American Land Title Association
    Washington DC
    +1 (202) 296-3671
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  • 6.  RE: Help moving from Civil to Common

    Posted 06-30-2021 09:12

    I am in N.C.. I have no interest in Iowa. Thank you.

     

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  • 7.  RE: Help moving from Civil to Common

    Posted 06-30-2021 09:16
    Gary,

    Thank you for your reply. This is the first time that I participate in the communities and it is a bit confusing to me, I meant to reply to Henry about the Texas guide. I apologize for the confusion and thank you for your reply


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    Carolina Perez
    Product Manager
    American Land Title Association
    Washington DC
    +1 (202) 296-3671
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  • 8.  RE: Help moving from Civil to Common

    Posted 06-30-2021 10:56
    Henry, I'm not an attorney but I've consulted and trained title and settlement attorney/agents all over the country since 1993.  I agree with Gary's assessment; most differences are in terminology.  However, customs and promulgated procedures are different in different jurisdictions.  Texas is particularly problematic due to the strict regulation by Texas Department of Insurance (TDI) and the restrictions as to which counties you are allowed to practice in.  Arkansas and Tennessee are much easier to deal with.  If I can assist in any way, please contact me.

    Edwin G. Generes, CPA (Inactive)
    Generes & Associates, Inc. (http://generes.biz) 
    985-641-3490
    ed@generes.biz

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    Edwin Generes
    President
    Generes & Associates, Inc.
    Slidell LA
    +1 (985) 445-1183
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  • 9.  RE: Help moving from Civil to Common

    Posted 07-22-2021 10:53
    Henry,

    I'm trying to understand your question. When you say "civil vs. common" are you referring to the difference between movable/immovable vs. personal/real property as it relates to buildings, water, minerals, etc. or something else? I should also mention that Texas doesn't use ALTA forms or guidelines. You'll have to adapt to TDI (Texas Department of Insurance) forms. You might visit the Texas Land Title Association site to order a copy of the Basic Manual, which gives the rules. I came to Texas from Colorado and will tell you that the differences in how the land is organized and how title flows to the vested owner are vast. It's worth some investigation. You might also look at some of the webinars that TLTA offers. I'm happy to answer any questions to direct you to where you can get answers. :)

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    Cathy Clamp CTIP, NTP
    Escrow Officer
    Heart of Texas Title Co., LLC
    Brady TX
    +1 (325) 597-0796
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  • 10.  RE: Help moving from Civil to Common

    Posted 07-23-2021 10:40
    Henry, 

    I practice in Texas for the most part, but live in North Louisiana.  I have practiced in Louisiana as well, but not as much in the Real Estate/Title Business as in the Banking business.  To get a good idea about the differences in Texas and Louisiana I would recommend you read Title 2 of the Texas Property Code that discusses Texas Title Examination Standards.  The "business" of title insurance, attorney involvement, title opinions and the like are handled very differently in Texas than in Louisiana.  Additionally, it is very important to understand the strict homestead provisions in Texas with regard to homestead loans.  This is one area that I found to be very different between the states.  You can find the constitutional basis for the homestead protection in the Texas Constitution Article 16 Sec. 50.  If you have more questions, feel free to give me a call.

    Kathleen Gilchrist Brucia
    Phillips & Gilchrist, LLP
    903-984-3300

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    M. Kathleen Gilchrist Brucia
    Phillips & Gilchrist, LLP
    Kilgore TX
    +1 (903) 984-3300
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