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    hader's Avatar
    hader Posts: 22, Reputation: 3
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    #1

    Mar 12, 2010, 08:30 PM
    Adverse Possession in TEXAS
    These people sold us some land about 8 years ago, we found that the 'quit claim' deed was worthless (our ignorance). We now have to get a lawyer to acquire a clean title.
    They have been or were paying taxes on another Abandoned (since the 1930's) lot of land which they never maintained possession of. Can we move into that land and start establishing possession? Again this is TEXAS!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 12, 2010, 08:56 PM

    Land is owned by someone, they may not come to it, may never use it, but there is no such thing as "abandoned" it may merely be non used.

    Next a quit claim deed actually never says they own it, only that they are selling you their claim to it, ( if they have any) it is your responsibleity to be sure they actually own it with a title search.

    And 8 years of course is not long enough to establish ownership under adverse possession.

    You can always tresspass and illegally enter the proper of another and start leaving there. Of course they may evict you or have you thrown off for tresspass if they discover you on the property. And you take the risk of having to stay on that property for years and years to only hope the court will accept the adverse possession
    hader's Avatar
    hader Posts: 22, Reputation: 3
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    #3

    Mar 13, 2010, 08:25 AM

    OK, fair enough. But if I was to take adverse possession of this land can anyone other than the original (rightful) owners make any claims against me or attempt to evict me?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Mar 13, 2010, 09:23 AM
    Quote Originally Posted by hader View Post
    ok, fair enough. but if i was to take adverse possession of this land can anyone other than the original (rightful) owners make any claims against me or attempt to evict me?

    Possibly others who acquired an interest in the property through the "original owners": those who acquired some sort of a lien, perhaps, taxing authorities, or persons who acquired the property through a tax sale, etc. There are many possibilities.

    You seem to be asking whether you can just "squat" on land and eventually make it yours by simply occupying it. I don't know about Texas specifically, but in most places, no.
    hader's Avatar
    hader Posts: 22, Reputation: 3
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    #5

    Mar 13, 2010, 07:04 PM

    Thanks to all for the reply.
    Wow! Down here it's the norm: abandoned? You fence it, you use it ; in time it's yours. All you need is a lawer to do the paperwork.
    hader's Avatar
    hader Posts: 22, Reputation: 3
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    #6

    Apr 22, 2010, 06:55 AM

    Update: we found that the Deed is a "warranty Deed",
    Is that a good deed?
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