[Areal]

What is the law in Texas based on as for as squatters rights?

[Areal]

How can a person legally sale heir property if all the heirs do not want to sale the property? And if that person is the excitor of the property can they sale it without the
Heirs signature?

[LisaB4657]

With regard to your first question, there is no such thing as squatters' rights anywhere in the US. If you tell us about your situation we may be able to give you more information.

With regard to your second question, the executor's powers depend on what the will says. Once again, if you tell us about your situation we may be able to give you more information.

[Areal]

A lady wants to sale 100 acres of land she is 79yrs old, however her children do not want her to sale the land and there is no will. The property is in her name but her children say they have a legal claim on the property? So can she sale the
Land or not?

[LisaB4657]

If the property is owned solely in the lady's name, and if she is competent to handle her own affairs, then she can do whatever she wants with the property. Based on the little bit you've said here I can't see what kind of legal claim the children might have.

[Areal]

What is the law in texas based on as for as squatters rights?

I quess you don't know

[Areal]

Thank you

[LisaB4657]

I guess I DO know. There is no such thing as squatters' rights anywhere in the US.

[kishbaugh]

Surprise - This is NOT an urban legend!

The doctrine of "adverse possession" is one of the most interesting in the field of real property law. The character of the law reflects the pioneer spirit of a growing world in both North America and Europe over the last few centuries.

If a person moves into possession of property, improves it and possesses it in a public manner, then after a certain amount of time he will acquire title to the property even though it is actually owned by someone else.

The idea for adverse possession has at its root that land should not lie idle. If it does, it is wasted to the community. Therefore, if someone moves onto the land and makes it productive, that person may earn the right to claim it as his or her own. It is also reflective of the imprecise nature of ancient land sales: a person who believes he owns land, establishes himself on it in public, and is not hindered after a period of time, should be entitled to own the land.

Requirements

The basic requirement for adverse possession is that the claiming party must take exclusive possession of the property. This type of possession is called "open and notorious" or proactive and absolutely not secretive possession. Some states require that the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so. In addition, many states require concurrent the payment of property taxes for a specified period of time, and a few states also require that improvements be made upon the land. Eventually, the possessor is required to file for title with the county recorder. In Texas the "squatter" must pay the property taxes and demonstrate continual care for the property for a period of five (5) years. In year 6, the "squatter" may request and receive title at the county courthouse. Different states may do a different dance. Do your homework.

HOWEVER.. . The actual owner then has a limited amount of time in which to challenge the newcomer's title. Essentially, the owner's only argument is to claim some sort of disability; such as age, mental instability, or imprisonment. The owner is not required to do much in order to stop the possessor from acquiring title; merely sending the possessor a note granting permission to be there will usually suffice. Various rules exist regarding the continuousness of the possession and the ability to "tack" various periods of possession together in order to satisfy the time of possession requirement; see your state codes or the code of the state in which you are interested for more detailed information.

[JudyKayTee]

Surprise - This is NOT an urban legend!

The doctrine of "adverse possession" is one of the most interesting in the field of real property law. The character of the law reflects the pioneer spirit of a growing world in both North America and Europe over the last few centuries.

If a person moves into possession of property, improves it and possesses it in a public manner, then after a certain amount of time he will acquire title to the property even though it is actually owned by someone else.

The idea for adverse possession has at its root that land should not lie idle. If it does, it is wasted to the community. Therefore, if someone moves onto the land and makes it productive, that person may earn the right to claim it as his or her own. It is also reflective of the imprecise nature of ancient land sales: a person who believes he owns land, establishes himself on it in public, and is not hindered after a period of time, should be entitled to own the land.

Requirements

The basic requirement for adverse possession is that the claiming party must take exclusive possession of the property. This type of possession is called "open and notorious" or proactive and absolutely not secretive possession. Some states require that the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so. In addition, many states require concurrent the payment of property taxes for a specified period of time, and a few states also require that improvements be made upon the land. Eventually, the possessor is required to file for title with the county recorder. In Texas the "squatter" must pay the property taxes and demonstrate continual care for the property for a period of five (5) years. In year 6, the "squatter" may request and receive title at the county courthouse. Different states may do a different dance. Do your homework.

HOWEVER. . . The actual owner then has a limited amount of time in which to challenge the newcomer's title. Essentially, the owner's only argument is to claim some sort of disability; such as age, mental instability, or imprisonment. The owner is not required to do much in order to stop the possessor from acquiring title; merely sending the possessor a note granting permission to be there will usually suffice. Various rules exist regarding the continuousness of the possession and the ability to "tack" various periods of possession together in order to satisfy the time of possession requirement; see your state codes or the code of the state in which you are interested for more detailed information.

Based on your one post and the combined 20,000 others by people who responded your "Surprise ..." comment could not be more disrespectful. This is not an AOL message board - "we" have rules here and respect each other. Goodness knows we may not always agree but take a look at what's been posted and try to conform.

Also instead of posting "see your state codes" the appropriate answer is to ask what State and then YOU research and post that State's laws/rules/codes. Of course, if people actually knew where to look and could understand what they found, they wouldn't be here!

[rockinmommy]

Based on your one post and the combined 20,000 others by people who responded your "Surprise ..." comment could not be more disrespectful. This is not an AOL message board - "we" have rules here and respect each other. Goodness knows we may not always agree but take a look at what's been posted and try to conform.

Also instead of posting "see your state codes" the appropriate answer is to ask what State and then YOU research and post that State's laws/rules/codes. Of course, if people actually knew where to look and could understand what they found, they wouldn't be here!

Also, kishbaugh resurected a year-old post to make this little "speech" on...

[JudyKayTee]

Also, kishbaugh resurected a year-old post to make this little "speech" on............

Oh, get out! I MUST pay more attention. That's what happens when you have a school paper left over and nothing to do with it - you open an old thread, post it and disappear. Well, now OP can always claim he/she is a published author.

Good catch!