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Updated almost 5 years ago on . Most recent reply

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David Martin
  • Cypress, TX
119
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137
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Texas Adverse Possession / Trespass to Try Title

David Martin
  • Cypress, TX
Posted

Would love to have a conversation with, or be referred to, anyone that has had success with adverse possession in Texas or is familiar with it's workings. I realize it's a fairly esoteric area of RE law, so initially just looking to learn about it at a high level. I've read through the various statutes and I believe there is a property that could be acquired using the method, but I want to understand it a bit more before deciding if I should pursue it.

  • David Martin
  • Most Popular Reply

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    Bruce Lynn#2 Real Estate Agent Contributor
    • Real Estate Broker
    • Coppell, TX
    4,436
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    Bruce Lynn#2 Real Estate Agent Contributor
    • Real Estate Broker
    • Coppell, TX
    Replied

    Adverse Possession is mostly a myth and a good way to get you in trouble and perhaps earn jail time.  

    http://joshblackman.com/blog/2012/11/27/more-failed-adverse-possession-in-texas/

    Legal adverse possession probably has to do something more like two ranchers have sideXside ranches and the fence line is not on the property line.  Both think/thought the fenceline was the property line.   There is some chance the one with the extra land could claim adverse possession to that land that is not legally owned and the legal owner could loose it to the person who used, maintained, had control over it.

    Not sure what you are trying to accomplish, but it's not to go in and claim a house or claim a plot of land that you think doesn't have an owner or the owner doesn't know you are trying to illegally possess, if that is your thought.

    Potentially you might be able to get a mobile home or a car that has been abandoned on your owned property, the owner cannot be found or doesn't respond to demand letters to come get their property.

    What is your idea?  What are you trying to accomplish?

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