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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Default Adverse Possession In Texas

    State of Texas
    I purchased a small lot on the edge of a subdivision in March of 1983. This lot had been surveyed in 1981 for the land owner that I purchased this lot from. My deed has this 1981 survey recorded on it. I installed a septic tank and set a small mobile home on this lot. According to the markers of this survey my house is on my lot and has been for nearly 25 years. In Jan. of 2008 the lot next to mine was purchased and the new land owner had his lot surveyed. The new survey shows that about half of my mobile home is on his lot. This being the case and my lot being at the end of the subdivision only a very small V shaped portion is left to be called "my lot". I have maintained the lot and paid county taxes for all these years. I did not fence the lot because it was just brush and trees no one has lived on the lot till now. The new owner has given me 30 days to move my house off his property.
    1. Which survey is legally binding, the one on the deed or the new survey?
    2. Have I met the requirements and am I entitled to this land by adverse possession?

    Will Reed

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Adverse Possession In Texas

    1. Which survey is legally binding, the one on the deed or the new survey?

    Not possible to tell without having all of the facts about them. I'm not licensed in Texas. A Texas surveyor could advise you. Contact the surveyor who did the survey of your property.

    2. Have I met the requirements and am I entitled to this land by adverse possession?

    Texas has perhaps the most unique adverse possession laws of any state. As for the statutory periods, you may to have met them. Before responding to your new neighbor on this issue, you should consult a local attorney for advice. You are in the letter writing phase now and your attorney may be able to head things off with a letter, at relatively low cost compared to going to court.

  3. #3

    Default Re: Adverse Possession In Texas

    You have held and occupied the lot since 1981 under "color of title." He is blowing smoke but you do need to have an attorney reply and quote him the statutes.

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