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  1. #1
    Join Date
    Jan 2007
    Location
    Texas
    Posts
    2

    Default Payment of Property Taxes and Adverse Possession

    A son and his family had been living in a rental house owned by the mother. The mother fell on hard financial times and failed to pay the 2005 property taxes. The son paid the 2005 property taxes. The 2006 property taxes are due. The mother has made it clear that she cannot and will not pay the 2006 property taxes. The son is planning to pay the 2006 property taxes.

    Additionally, the mother had the water, sewer and trash city services in her name. She refused to give the monthly bill to her son, stopped paying for the monthly city services, and refused to authorize a name change on the city services account to her son's name. After several months of nonpayment and the water turned-off once, the city changed names on the account without the mother's permission. This name changed provided the son with online access/payment of the monthly statement.

    The son believes his mother is going to deed the property to his brother. The brother has not contributed any monies toward the property or the property taxes.

    Does the son who has paid the property taxes have the right of adverse possession? If not what rights does he have?

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Mother & Son

    Quote Quoting North58
    View Post
    A son and his family had been living in a rental house owned by the mother. The mother fell on hard financial times and failed to pay the 2005 property taxes. The son paid the 2005 property taxes. The 2006 property taxes are due. The mother has made it clear that she cannot and will not pay the 2006 property taxes. The son is planning to pay the 2006 property taxes.

    Additionally, the mother had the water, sewer and trash city services in her name. She refused to give the monthly bill to her son, stopped paying for the monthly city services, and refused to authorize a name change on the city services account to her son's name. After several months of nonpayment and the water turned-off once, the city changed names on the account without the mother's permission. This name changed provided the son with online access/payment of the monthly statement.

    The son believes his mother is going to deed the property to his brother. The brother has not contributed any monies toward the property or the property taxes.

    Does the son who has paid the property taxes have the right of adverse possession? If not what rights does he have?

    § 16.021. DEFINITIONS. In this ubchapter:
    (1) "Adverse possession" means an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.
    It isn't hostile if the mother gave the son permission to live there.

    Do you have a lease or was this just an oral agreement?

    A smart way to protect your rights as a tenant is to get the terms of the agreement in writing (a lease).

  3. #3

    Default Re: Payment of Property Taxes and Adverse Possession

    Sounds like he is being told to move. That is his right.

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