What about adverse possession and taxes?

Guest

In Texas if you are wanting to claim property by adverse possession and you meet all requirements, but the people that own the property have been paying the taxes, does that have any effect on the outcome? We have been on the property for well over 15 years and maybe close to 20 years.

Guest

Hi,

I think the property owners will have to continue paying the property taxes as usual. So, the person claiming property can get it by adverse possession.

thanks

Guest

There are some states in which the person willing to go for adverse possession is required to have paid taxes for the adverse possession period. If all criteria for he possession are fulfilled except the tax payments, the court allows the person to use the property instead of giving ownership rights through adverse possession.

You need to check out if your state requires the payment of taxes. A tax advisor can help you with this information.

colin · Posted: Fri Sep 29, 2006 12:48 pm Post subject:

Hi,

In Texas the basis for adverse possession is generally the statue of limitations.

If the property owner does not start a suit in the court against the person who has adverse possession within a certain period then he can lose claim to the property.

In your situation where the owner has been paying the taxes, your right to adverse possession as per Section 16.026 of the Texas Civil Practices and Remedies Code (CP&RC) becomes valid if you have held the property continuously and adversely for ten years. And as you have said you have possessed it for the last 15 years or may be 20 years now, you do have adverse possession rights over the property.

As per the Ten-Year statue it is not required to have a deed or payment of property taxes. But the main point is the amount of land a person can claim. There are different applicable rules on whether the land is enclosed i.e., fenced or the possessor had a recorded deed or memorandum of title at the time he entered the property.

If there is no deed or memorandum and the land is not fenced also then a claim for adverse possession can be up to 160 acres, but if the land is fenced then all the fenced land can be claimed.

Thanks
Colin

Guest

What is the SOL for adverse possession

miller_st · Joined: 17 Jan 2007 Posts: 917 168.92 Dollars($)

Which state Mary? As it can be different for different states.

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi Mary,

A Statute of Limitation (SOL) is a law that fixes up a certain period of time during which a person may acquire valid title to a property by means of Adverse Possession.

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