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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 99498
Experience:  Fully licensed attorney in Texas in private practice.
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My uncle died and left me some land. Someone has a trailer

Customer Question

My uncle died and left me some land. Someone has a trailer home on it, and there has never been a least agreement or exchange of money. How can I remove them from the property that I now own?
Submitted: 6 months ago.
Category: Estate Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Can you please clarify:1) Is this the kind of trailer that would have a title to it, or not?2) Is anyone living in it now? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 6 months ago.
I'm not familiar with the individuals, But it's a very old trailer in the country (Jefferson, TX). My uncle left the land for me after he passed and the individuals would not leave the premises even when he was living. It's only 1.5 acres, nevertheless, I need to know how to force them to leave. Thank you.
Expert:  Ely replied 6 months ago.
Thank you. I need to know what kind of trailer this is. As in a trailer you hitch to a vehicle, etc? And does it or would that type trailer have a title or otherwise be registered with the state? Or not sure? And, is anyone LIVING in that trailer?
Customer: replied 6 months ago.
Yes, someone is living in it. It's a single wide stationary Mobil Home.
Expert:  Ely replied 6 months ago.
Thank you. This is dealt with in the Chapter 94 of the Texas Property Code. They are a tenant at sufferance which is a type of tenancy of a person who lives there at no charge. They must still be evicted by a Forcible Detainer (eviction) via the Justice of the Peace Court. But before this is filed, a notice to vacate must be sent in writing. The notice must give 60 days. It is to be certified, return receipt requested, if possible. Once 60 days passes and they do not leave, a Forcible Detainer is filed. Once there is a hearing and they are ordered evicted, they have to leave. If they do not, you could get a writ of possession whic is a court order that allows a Sheriff's deputy to relocate them by force. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 6 months ago.
Can they be protected by a squatters clause or something to that effect? I just heard about this, so I don't really know what it is.
Expert:  Ely replied 6 months ago.
How long have they lived there?

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