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    jj5956's Avatar
    jj5956 Posts: 2, Reputation: 1
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    #1

    Feb 13, 2011, 09:26 AM
    Adverse possession
    My neighbor in our subdivision is using three lots adjoining his lots and has decided that since he can't contact the owner of the three lots he'll take possession by mowing the grass and moving his sheds on those lots. He says in seven years he'll own those three lots. I call it stealing but he says its legal ! Is he right ?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Feb 13, 2011, 12:03 PM
    Tell us the state where the property is located and we'll tell you the requirements for ownership by adverse possession. Yes, it can be legal if he fulfills all of the requirements.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #3

    Feb 13, 2011, 12:31 PM

    Probably not right. In most states you not only have to openly take possession and care of the property you also must be paying the taxes. Answer Lisa's question please
    jj5956's Avatar
    jj5956 Posts: 2, Reputation: 1
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    #4

    Feb 13, 2011, 12:45 PM
    I forgot to mention this is in Texas, Comal County ! Thanking you in advance !
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    Feb 13, 2011, 01:02 PM
    According to what I've been able to find so far, he would have to take possession of the property to the exclusion of all others and pay the taxes for a period of 10 years before he could make a claim for ownership by adverse possession.

    Placing his sheds on the property and mowing the lawn might be sufficient for taking possession but he would have to prevent others from using it, such as by putting up a fence or finding some other way to keep others from using it.

    The applicable law is Texas Civil Practice and Remedies Code Sec. 16.026. You can read it at CIVIL PRACTICE AND REMEDIES CODE  CHAPTER 16. LIMITATIONS
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #6

    Feb 13, 2011, 02:05 PM

    If you want to play games with your thief neighbor just report the sheds construction without a permit, that should get things cooking. If the true owner keeps paying the property tax the thief will not likely ever take ownership
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Feb 13, 2011, 02:43 PM

    Paying the taxes is a key point here. I would check with the county to see if the taxes are current. I would also NOT tell your neighbor what you found out.

    If he doesn't pay the taxes, the property will probably be sold at a tax sale before the 10 years is past. The new owner will come and lay claim to the sheds and their contents.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Feb 13, 2011, 07:12 PM

    Or move you a shed on the property also, so he does not have exclusive use of it, take a small area and plant a garden.

    This then takes away one of the required steps.
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