Texas Attorney General Opinion: O-5059 Page: 3 of 11
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Honorable Dan V. Jaksan, Page 3
of the land unless made a chattel by ase
recognLsed act of sevorsne, either actually
'A contract may operate as a constructive
seversnee, but the contract in question does not
appear to do o. It contains no provision vhat-
ever as to the ownership of the Iproveents and
I presume that on forfeiture they vill revert to
the owner of the lot. The contract esphases
the eontlnulng ovneorhip of the seller in the
land itself by providing that the seller shall
pay all State sad County taxes until the pur-
chase pripe is paid out. It provides that on
forfeiture the contract purchaser shall immediate -
ly surrender peaceable possession of the premises
to the seller.
There is nothing in the facts to indloato
that the e1er holds the titl* to the land as
a mere naked true o under an absolute duty to
exeeste a Deed to the purMhaser.
The evwnr of the lot in this particular
ease advises me that one of the other taxing
units follows the perotie. of plans a fepar
ate assessment of the laprovements on the unrn-
deoed roll against the contrast purehasor.
"I would appreciate your rendering an
opinion on thi matter or sendiac me copies of
other opinions if these particular questions
have already been clearly settled."
"CONITACT FOP DZED
"IOV ALL MK BY THESE PRIESunT That ve
ere appea name of seller) . of the County of
arris, and State of Texas for and in onsider-
ation of the s of m to us in hand paid
byof the r-
ceipt of whiofhl is henby aolovledgd, end the
rther agreement on part to pay a
further sn or o d ay-th of
.19. l 9n4aI.k.e amounrithe_
S ay orf ach succeeding month thereafter ~ntI
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5059, text, 1943; (texashistory.unt.edu/ark:/67531/metapth262317/m1/3/: accessed January 20, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.