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  1. #1

    Default Evicted by Sheriff After Filing Adverse Possession Notice on a Vacant House

    My question involves civil rights in the State of: Texas

    Incident Summary:
    On November 23rd 2011 Channel 8 News and the Tarrant County Constable showed up to Mr. (n/a) current home. Mrs. (n/a) and their five children were at home and Mr. (n/a) was at work. The constable barged in the house, asked Mrs. (n/a)if they had weapons in the home, she advised them they don’t carry weapons. The Constable and Deputies began to search the home after invited in by Mrs. (n/a) with NO warrant. They began to ask Mrs. (n/a) again if they are carrying any weapons. Constable Clint Burgess told Mrs. (n/a) she needs to leave the property immediately or they will be arrested.
    Mr. (n/a) rushes home to get to his family. Constable Clint Burgess told Mr. (n/a) he needs to leave the property and all of their belongings. They were only allowed to pack a few clothes and prescriptions. Constable Clint Burgess then told Mr. (n/a) that if he had not did Adverse Possession in Mansfield, he might have gotten away with it, and if they did not leave immediately they will be arrested. He gave him a forbiddance document with no signature of the owner or a court approval. To bring an end to the situation Mr. and Mrs. (n/a) packed a small amount of clothes, left everything else behind, including Thanksgiving dinner and left their home. The Constable took the keys to their home said they well call them back. Channel 8 News displayed Mr. (n/a) as criminal on national television, to top that, the Tarrant County Constable Clint Burgess violating Mr. LaTour’s 4th amendment right and threw his family out on the street the day before thanksgiving.
    Not only did the media call Mr. LaTour a criminal on national television they put his family in a position that they cannot get out of. Being illegally labeled as a criminal trespasser, Mr. (n/a) he may not have a job to come Monday morning. He may not be able to give his children a Christmas at all and they may have ruined his opportunity to provide for his family in this hard economy, with a faulty notice of forbiddance to a property his family has been living in for 6 months.
    When Mr. (n/a) asked, “Who is pressing charges against me?” the constable could not answer him. They ripped away his 4th amendment constitutional right:
    “ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
    With no questions asked! Is this the constitution our ancestors fought for?

  2. #2
    Join Date
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    Default Re: Unlaw

    Ummmm, I don't think our ancestors fought, for you to have the right to try and steal another persons property, by adverse possession. They fought so you could get a job and buy your own.

  3. #3
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    Default Re: Evicted by Sheriff After Filing Adverse Possession Notice on a Vacant House

    What makes you think it's legal to move into somebody else's property merely because you file a notice claiming adverse possession?

    Here we go.
    Quote Quoting Constables continue adverse possession evictions
    Andrew LaTour and his family moved into a two-story Mansfield house in August after filing for adverse possession with the Tarrant County Clerk, paid a $16 filing fee, then claimed the property as their own, while insisting it was abandoned.

    "If the home is abandoned, it's not being taken care of, you have a right to go ahead and claim that," LaTour said.

    But prosecutors say the house wasn't abandoned - just vacant - and belongs to a mortgage company, which asked constables to evict LaTour and his family.

    No charges were filed in this case. The family had 30 minutes to gather belongings and leave.

    The DA's View,
    Quote Quoting Tarrant DA: Squatters don't understand adverse possession
    "Some of these people are saying, 'Once we file the affidavit, that gives me the house,'" said Tarrant County District Attorney Joe Shannon. "And that is not right."

    On Monday, Shannon warned that the claims are fraudulent. He said Texas statutes on adverse possession do not apply to squatters taking over empty properties.

    "They require either three, five, 10, or 25 years for them to take effect," Shannon said. "They can't take effect in three days."

  4. #4
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    Default Re: Evicted by Sheriff After Filing Adverse Possession Notice on a Vacant House

    He is correct on possibly not having a job. His boss might be afraid to go out for lunch, fearing OP will have filed for adverse possession on his business, before he gets back.

  5. #5
    Join Date
    Sep 2010
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    19,901

    Default Re: Evicted by Sheriff After Filing Adverse Possession Notice on a Vacant House

    And of course, the DA's position is right. Adverse possession isn't "squatters rights." It takes open, notorious, and hostile use of the property for years. The shortest periods of validity are only those done under "color of title", that is, when there is actually a deed, perhaps defective, that appears to encompass the property in question. It takes ten years otherwise.

    Further, just because you file a claim doesn't stay eviction by the actual owner.

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