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  1. #1
    Join Date
    Mar 2012
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    2

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

    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?

  2. #2
    Join Date
    Sep 2010
    Posts
    9,858

    Default Re: Adverse Poss. in Texas

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

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: When Can You Claim Adverse Possession of the House You Live In

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

  4. #4
    Join Date
    Mar 2012
    Posts
    2

    Default Re: When Can You Claim Adverse Possession of the House You Live In

    Quote Quoting aaron
    View Post
    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.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,376

    Default Re: When Can You Claim Adverse Possession of the House You Live In

    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.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    74,801

    Default Re: When Can You Claim Adverse Possession of the House You Live In

    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).

  7. #7
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    357

    Default Re: When Can You Claim Adverse Possession of the House You Live In

    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.
    I'm a surveyor, not your surveyor & not an attorney.
    Advice is general survey, not legal. Hire a local professional for specific advice.

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