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    Dolphinlady5553's Avatar
    Dolphinlady5553 Posts: 2, Reputation: 1
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    #1

    Jun 29, 2011, 04:21 PM
    Adverse Possession
    I have been mowing and maintaining four lots for ten years. What do I need to do to claim adverse possession? Do I need to submit a form to the county or owned of the property? What would that for be or do I have to hire a real estate attorney to accomplish this claim.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 29, 2011, 04:23 PM

    Here's all you need to know - and more! Adverse Possession in Texas
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 29, 2011, 04:25 PM

    Whatever makes you think just mowing or maintaining the lots entitles you to claim them under adverse possession? Are the owners of the lots aware that you have been doing so? Have you done anything else to use the properties? Do you own adjacent properties?

    You might find this helpful http://www.lonestarlandlaw.com/Adverse.html
    Dolphinlady5553's Avatar
    Dolphinlady5553 Posts: 2, Reputation: 1
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    #4

    Jun 29, 2011, 04:31 PM

    We own adjacent lots and our county laws state that if I own a lot, then the adjacent lot must be maintained but cannot file in JP court for mowing or maintaining these properties because they cannot locate people.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 29, 2011, 04:44 PM
    Quote Originally Posted by Dolphinlady5553 View Post
    We own adjacent lots and our county laws state that if I own a lot, then the adjacent lot must be maintained but cannot file in JP court for mowing or maintaining these properties because they cannot locate people.
    Your response is not clear. Are you saying the county laws require you to maintain adjacent lots that you do not own? I think that would be unconstitutional unless the county reimbursed you for the maintenance costs. In any case, I think Texas law (as described on the site I linked to) does not qualify you to claim the property under adverse possession.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jun 29, 2011, 06:17 PM

    They can not require you to maintain lots, if they do, you can or could in fact bill them since they are requiring the labor to be done. But if the lots are owned, someone is paying the taxes on the property, if not, after 10 years, the county would have taken the property and sold them for taxes.

    So to find the owner, find who has been paying the taxes.

    Also merely mowing and maintaining a property almost never is enough to allow you to take ownership.

    And no there is no "forms" you would have to get an attorney and file in court.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Jun 29, 2011, 06:55 PM
    Quote Originally Posted by JudyKayTee View Post
    Here's all you need to know - and more! Adverse Possession in Texas
    As the linked article says, it is required for adverse possession that the claimant "... asserts a claim of right to the exclusion of all others. It is not enough to be merely caring for the property temporarily, or even paying the taxes on it, until the owner reappears." You don't qualify.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Jun 29, 2011, 07:06 PM
    Quote Originally Posted by Dolphinlady5553 View Post
    We own adjacent lots and our county laws state that if I own a lot, then the adjacent lot must be maintained but cannot file in JP court for mowing or maintaining these properties because they cannot locate people.
    I have looked at your county's website, and cannot find any code of ordinances, so I cannot say with certainty, but, as others have already stated, it is doubtful that's what the county laws actually say.
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