Results 1 to 3 of 3
  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Default Texas Tax Foreclosure and Adverse Possession

    My question is about Texas. I am looking to buy so land at a tax foreclosure. No one has paid taxes on 10 acres of land for 20 years and it is going for auction soon. However the neighbor has had a fence down the middle of the property for at least 25 years (and maybe longer). This was not detected by the courts and the neighbor was NOT included in the foreclosure action.

    Question 1:
    =========
    My question is does the neighbor's fence make their claim for adverse possession or does the tax foreclosure invalid any claim they may have?

    I have contacted the neighbor to try to find out what they planned to do and they were shocked to find out they did not own the land. The previous owner was an idiot how never looked at what he bought and never asserted any rights.

    Question 2:
    =========
    The land also supposedly includes three streets, but these streets have never been officially abandoned by the city and as I understand it you can't get land from the city in Texas through adverse possession.....so I assume that the streets are not really part of the land, but may be used...i.e... I can fence them in but not build on the streets....is this correct?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Texas Tax Foreclosure and Adverse Possession

    Part of your due diligence in this transaction will be to consult a real estate lawyer and have the lawyer review the transaction over these issues, as well as other possible issues. We don't have enough information to know if there's a viable adverse possession or acquiescence claim, and you haven't told us the neighbor's intentions in relation to the land. We also haven't seen the land, survey, maps or plats that may be involved in defining the streets and what you can do with them.

  3. #3
    Join Date
    Jul 2009
    Posts
    2

    Default Re: Texas Tax Foreclosure and Adverse Possession

    Thank you for the reply. I have consulted a real estate attorney once early in the process. Right now I am waiting for a title search to finish. This area was originally platted in 1848....so it will take a while. The issue of the boundaries is complex. The neighbor does not want to sue but believes the land is theirs. They may be right. 30 years ago the owner of the land that is now being foreclosed on had a had of trying to get other peoples land by claiming it and then selling it.....That owner sold the land to another party who let it stand unused since 1984. The neighbors as I have said have had a fence in place and didn't even know that the land had been claimed by someone else. They thought that they were using either their land or state land.....

    But the only thing I am trying to figure out right now is if a tax foreclosure clears an adverse possession claim IF the adverse possesion party was NOT part of the foreclosure action. Based on what I have been told and did my own research I think the answer to this is NO....that the adverse possession claim will not be cleared....but I wanted to check this out with this forum for a second opinion.

    As I have said, thanks for your reply. I appreciate your time.

    1. Sponsored Links
       

Similar Threads

  1. Adverse Possession: Texas Adverse Possession
    By MCCLARY4 in forum Real Estate Ownership and Title
    Replies: 8
    Last Post: 08-08-2011, 11:40 AM
  2. Adverse Possession: How Do You Take Adverse Possession of a Home Not in Foreclosure, but Abandoned
    By douglasd777 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 07-25-2011, 10:09 AM
  3. Adverse Possession: Adverse Possession in Texas
    By boisjolie in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 04-23-2010, 11:58 PM
  4. Adverse Possession: Foreclosure Imminent, is Adverse Possession Our Only Choice
    By Dr. Pepper in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 11-18-2009, 08:59 PM
  5. Adverse Possession: Adverse Possession in Texas
    By jlaw in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 11-09-2006, 06:50 AM
 
 
Sponsored Links

Legal Help, Information and Resources