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My family owns a piece of land and my aunt, her husband, and her children live there. It is in my grandparents name. My aunts husband says he can sue us for the land because he's lived on the property for over 2 years. Is this true?

2007-01-02 13:39:30 · 5 answers · asked by Bethany A 1 in Politics & Government Law & Ethics

5 answers

Try the site below. Make sure to change the State to Texas. The last site is an Affordable way to get access to a Quality Law Firm in Texas. This will allow you access to your Legal Rights and get Legal Protection. Hope this helps you.

2007-01-02 13:48:41 · answer #1 · answered by citronge69 4 · 0 0

There is such a thing as 'Adverse Possession". This means if someone openly uses land without the owners consent for a long enough time, they owner is considered to have forfeit they rights. I couldn't find any specifics for Texas, but I believe it has to be longer than 2 years. The source I found said generally 10+ years. Consult a Texas attorney for a better answer.

2007-01-02 13:56:23 · answer #2 · answered by STEVEN F 7 · 0 0

Well first off I must say, "THAT SUCKS!" Are your aunt and uncle really that bad off that they would have to actually take a piece of land that belonged to their own brother/sister? Do they actually have any morals? Get an attorney....there is also something here in texas called "elder abuse" and I am sure any judge would see that this is certainly just someone that is trying to take advantage of older people with a kind heart, trying to help out a family member.

2007-01-02 14:18:57 · answer #3 · answered by marilynhenriksen@sbcglobal.net 2 · 0 0

I've never seen anything less than a 5-year statue of limitations on this. There are requirements to meet true adverse possesion, though. 1) Continuous possesion; 2) Hostile to the owner's intent; 3) Open and notorious possession; 4) Actual possession; 5) Exercise of exclusivity; and 6) It must be for the required time.

2007-01-02 14:24:13 · answer #4 · answered by mike225 2 · 0 0

3-3 hundred and sixty 5 days Statute the three-3 hundred and sixty 5 days statute bars the rightful proprietor from submitting a lawsuit to recuperate possession while the destructive possessor has been in non violent possession below identify or colour of identify for 3 years (section sixteen.024). non violent possession ability non-end and uninterrupted possession. In different words, the destructive possessor's declare to the valuables grew to become into no longer challenged nor grew to become into the possessor bumped off throughout the three years. identify ability the destructive possessor entered with a deed that lines its beginning back to the patent, the time the State of Texas or the Republic of Mexico transferred its rights to non-public possession. colour of identify ability the chain of identify has some irregularities, in spite of the undeniable fact that it nevertheless stands the try of fairness and honesty. The term additionally ability that the chain of identify would desire to originate from a certificates of headright, a land warrant or a land scrip. The definition of those words is previous the scope of this text. This statute isn't stated as into question because of the fact the destructive possessor gets a deed from somebody who owns the valuables in accordance to 3 chain of identify. destructive possession isn't a ingredient. to this factor, in uncomplicated terms 5 appellate situations have arisen below this statute. In all yet one, the case grew to become into disregarded for loss of information.

2016-10-06 08:52:18 · answer #5 · answered by ? 4 · 0 0

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