This blog entry is the first of a series related to adverse possession. Adverse possession is a legal principle under which someone can acquire ownership of real property that belongs to someone else. It is a form of “involuntary conveyance.”
Adverse possession is defined by statute in Texas as “an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.” In other words, a person who does not hold title to real property can peaceably enter upon property owned by someone else and undertake actions (such as use of the property) that are inconsistent with and adverse to the rights of the property’s true owner. If the property’s rightful owner does not diligently attempt to stop the adverse claimant, he may find it difficult to transfer title to his property or even find that he has lost his ownership rights.
Adverse possession can be useful in a variety of situations which are more common than one might expect. For example, if land is occupied or operated by descendants even though title to the property was not transferred through probate from a deceased relative and probate is no longer an option, it may be possible to “clear title” through adverse possession. Adverse possession may be one way to obtain clear title in boundary disputes, such as when a surveyor has discovered that a fence or other structure has not been properly placed along the dividing line between two neighboring properties.
There are several statutes in the State of Texas which describe what factors must exist (and for how long) before a claimant can obtain title through adverse possession. As a result, adverse possession is a complex legal issue, and we strongly suggest that you seek the advice of an attorney (preferably someone versed in the litigation process, as well as real estate law) if you are confronted with either the need to assert or defend against a claim of adverse possession.
Use the largest online attorney directory to quickly find detailed profiles of Texas lawyers and law firms in your area.
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
San Antonio HOA Lawyer Trey Wilson wrote: From The Buffalo News, N.Y. Dec. 17 — When neighbors took it upon themselves to clean Suzanne Tayl...
-
I have found that people that try to save money usually end up paying more! Many people are "afraid" to serve their spouse. I don...
-
Houston Lawyer Referral Service www.hlrs.org 713-237-9429 Their motto is - helping the Houston metropolitan community to find quality legal ...
-
Last March, a federal jury returned guilty verdicts in United States District Court in Austin, Texas against five current and former Austin ...
-
CHAPTER 9. POST-DECREE PROCEEDINGS SUBCHAPTER A. SUIT TO ENFORCE DECREE Sec. 9.001. ENFORCEMENT OF DECREE. (a) A party affected by a decree...
-
This chart illustrates the trend concerning the outcome of undergoing the TRCC Complaint Process
-
Retirement accounts, not unlike mutual funds and some stock accounts, are assets acquired over the course of many years. In dividing these ...
-
I recently hired Strickland Technology to revise my website. Please give me your comments. www.familylaw4u.com Fran Brochstein 713-847-6000
-
Dallas police officer Daniel Babb was indicted yesterday by the Grand Jury, so he's officially facing criminal charges now. Officer Ba...
Không có nhận xét nào:
Đăng nhận xét