When Can You Claim Adverse Possession of the House You Live In

[davoliver1]

My question involves real estate located in the State of: Texas. I have lived in my grandmothers house since she died over 25 yrs. ago. Her and my step grandfather both died without a will. He had approx. 7 children from a a previous marriage. I have lived in the house since 1985, paid the taxes since her death in 1992. Can I get a clear title to the house. Is adverse possession a option?

[flyingron]

You may well have a claim. You need to go speak to a real estate lawyer.

[aaron]

Who is on the title of the home? Who gave you permission to live there and under what circumstances? Was permission ever revoked?

[davoliver1]

Who is on the title of the home? Who gave you permission to live there and under what circumstances? Was permission ever revoked?

The title is in my grandmother and step-grandfathers name. He passed away several years before her. My grandmother allowed me to live there before she died. Afterwards I just never moved out. No, permission was never revoked. The house is old and not worth very much. I would like to get title to sell it.

[LandSurveyor]

You will need to file a lawsuit, not a do it yourself project and not small claims court, in order to get title.

You will need an attorney and that person can advise you as to your prospects.

[Mr. Knowitall]

I very much doubt that you'll be able to substantiate an adverse possession action. You indicate that you came into possession of the premises with permission from the owner, and you give no indication that permission was withdrawn by the owner or by her heirs. You also don't indicate that you have ever indicated that your possession was adverse to their ownership rights, as opposed to continuing in a permissive manner. You make no claim that you have any title-based claim to the property. See, e.g., Rhodes v Cahill, 802 S.W.2d 643 (1990).

[eapls2708]

Since the grandparents were unable to continue to grant permission post-mortem, that permission would have to come from whoever would have inherited the home. Have you discussed this with any of your relatives? Have they given you permission as far as their possible authority to do so goes?

You said there are no designated heirs (no will). Maybe this is more properly a probate matter. Although it definitely has aspects of Adverse Possession (adverse against other potential heirs), determining the disposition of the real and personal property of those who die without a will is a different area of law (that I am unfamiliar with). If I were in this situation, I would start by getting advice from an attorney that handles probate cases.