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    Sharstep's Avatar
    Sharstep Posts: 1, Reputation: 1
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    #1

    Dec 15, 2007, 01:03 PM
    Squatters rights?
    I have lived on my step father in laws property for 18 years now. He always told us what we live on would be ours and we could put another home on it. He raised my husband from a little boy my husband called him dad. My mother in law died he remarried. An illegal immagrant from Mexico. Somehow 6 months before his death he signed over the land to her. Not even his real children were told about this. One piece of the property had my mother in laws name on it and we filed an heirship affidaviat. Which somehow got ignored. Now she is selling off my husbands old cars and what not and we are afraid we are fixing to lose our home. My question is this do we have any rights? We don't have a lot of money and have 3 kids our credit isn't the greatest and can't seem to find anything we can afford. So we are fixing to be homeless. She does not talk to us because we seem to be public enemy number one. All we want is our home which was my husbands real grandfathers home our piece of land so we can put a new doublewide on it. We also have been paying for the well water for the last 10 years it sets on the main property would we get well rights also? I know I will probably need an attorney. This is in the state of Texas...
    tiffanyinflorida's Avatar
    tiffanyinflorida Posts: 9, Reputation: 0
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    #2

    Dec 22, 2007, 01:25 PM
    Legally you do have rights. Contact an attny asap. I hate to quote your real estate law because I am a realtor in Florida. All states do things differently.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 22, 2007, 01:29 PM
    Actually no, sorry, but first there is no suh thing as squatters rights, thiere is a legal procedure called adverse possession, but it requierd many things, Since you were given permission to live there you were a legal teannant, perhaps with no rent paid, but you did not take possession with the intent to take it away from the owner. You expected it to be given at some date.

    You needed an attorney at the time of your step fathers death, but it is very possible that the will will leave you nothing and you may well lose your home. This happens all the time when a older man remarries and then dies.
    AP1047's Avatar
    AP1047 Posts: 9, Reputation: 2
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    #4

    Jul 29, 2011, 09:13 AM
    Get a attorney to file a suit to enforce a promissary estoppel action. She estoppel herself by knowing you live on the property. Second was he of right mind?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jul 29, 2011, 09:21 PM

    AP1047, you do realize that this thread is more than 3 1/2 year old, right? Which means that the OP has probably either solved the problem or moved away.

    And what do you mean with your suggestion that promissory estoppel would come into play? I don't see it.
    AP1047's Avatar
    AP1047 Posts: 9, Reputation: 2
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    #6

    Jul 30, 2011, 08:48 AM
    Comment on AK lawyer's post
    The promise, if he moved on the property it would be his. If the property was worth anything, this would give him a chance to plead his case before jury. A poker hand and could bluff a deed out of mother in law, to settle suit or win/lose by jury trail. I also think unjust enrichment would be another way. It got your interest. Thanks

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