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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
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Experience:  Licensed Texas General Practice Attorney
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In the state of Texas, Harris County if one heir pays the taxes

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In the state of Texas, Harris County if one heir pays the taxes can that one heir gain ownership if the deed reflects 3 equal shares ????????

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

It is possible, but the fact that taxes are paid is not what is relevant. Rather, ownership would be established through "adverse possession". But for there to be adverse possession ("squatters rights") the person claiming ownership would have to "oust" the other title owners of the property, continuously, openly, and notoriously for a period of 10 years. There are a number of ways the "ouster" of a co-tenant could be established. Specific written notice of intent to exclude a co-tenant coupled with actual adverse possession would be the most compelling evidence. In most cases, however, such clarity is lacking. See Russo Realty Corp. v. Orlando, 30 A.D.3d 499, 819 N.Y.S.2d 265 (2d Dep’t 2006), rejecting a co-tenant’s claim of adverse possession because the claimant failed to clearly assert a right hostile to the other co-tenant. InBoard of Trustees of the Tecolote Land Grant v. Griego, 104 P.3d 554 (N.M. Ct. App. 2004), the court held that “explicit notice” of an intent to oust is required. However, in the case of Glover v. Union Pacific R. Co., 187 S.W.3d 201 (Tex.App.--Texarkana 2006), the court held that ouster can be shown by long continuous possession or a change in the use or character of possession. In Williams v. Screven Wood Company, Inc., 619 S.E.2d 641 (Ga. 2005), the court stated the co-tenant claiming adverse possession must show acts inconsistent with, and exclusive of, the rights of the co-tenant not in possession, and the non-possessory co-tenant must have actual or constructive notice of those acts.

ScottyMacEsq :

Again, it has to be for an uninterrupted period of 10 years or more, so merely paying taxes (while giving a claim to the person paying for contribution) would not give a claim to ownership. Ownership could only be established by actual possession, for a period of 10 years or more, while prohibiting the other title owners from having any possession or claim against the property.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

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ScottyMacEsq :

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ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable.Thank you, XXXXX XXXXX luck to you!

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