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  1. #1

    Default Adverse Possession in Texas

    My question involves real estate located in the State of: Texas

    I know of a property that the owner has died and there seem to be no heirs, if so they have shown no interest in taking care of the property. Can I take possession of the property here in Texas for 10 years then apply for title on the property claiming adverse possession rights?
    Thanks in advance,
    Conoscenza Matto

  2. #2
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Adverse Possession in Texas

    First of all the estate must be probated, either by a living relative or the state. Texas follows Texas Common Law and Texas Civ. Prac. Rem. Code 16.021 for adverse possessions.

    BTW- You need to quietly pay the property taxes otherwise the delinquent taxes will be sold at auction and the property foreclosed on by the lien holder.

    Texas actually has two redemption periods, for properties to enter the tax deed process, the redemption period can be as soon as one year, but varies a great deal, usually 2 years. However, after a property is sold at a tax deed sale, the owner still gets 6-months to redeem the property before you can obtain clear title.

    You must also be using or taking care of the property in an open manner to establish an adverse possession.

    It is not as easy as it sounds.

  3. #3

    Default Re: Adverse Possession in Texas

    So if I contuinue paying the property taxes avoiding a tax sale can I just move onto the property get utilities and start maintaining the property? Where does probate come into the picture? What happens if I move onto the property and a month later somebody claiming to be an heir pops up? Can I be charged with any thing? I would assume that they would have to prove that they are the owners of the property then they can request for me to leave in that case I pack up my things and go or do I just stay there because I have taken adverse possession of the property? I apologize if I am
    scattered everywhere on this but It is just fascinating to me and I know very little about it. I am here to learn.
    Thanks,
    Conoscenza Matto

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,357

    Default Re: Adverse Possession in Texas

    Gaining title by adverse possession is never as simple as taking possession, filling out a form or two, and getting title.

    You will need to get an attorney, file a lawsuit for possession, and prove to a court that you have met every legal requirement of Texas law. If you fail to prove that you have met all of the requirements, your case will fail and you are out the costs.

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