I am the holder of record of 1/2 undivided interest in a parcel that is in the middle of many acres owned by the owner of the other 1/2 of the parcel. There is no road to the parcel and no structures on the parcel. I live far away and I am worried that the owner of the other 1/2 will try to take my 1/2 by adverse possession. Do I need to do anything to ensure that can't happen?
State/Country relating to question: Texas
The owner of the other 1/2 has offered to purchase my 1/2 for a small amount and "threatened" to take it by adverse possession if I don't accept the offer. I have countered with a higher amount and the other person is now not returning my phone calls. I have called the register of deeds and title office in the town and they said I should talk to a real estate lawyer.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*
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Welcome to JustAnswer,My name is XXXXXX. X shall do whatever I possibly can to provide you with helpful information about the law. Please keep in mind that, although I am an attorney, I am prohibited from giving customers of the site legal advice or forming an attorney-client relationship on this forum. If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.A property owner can typically prevent an Adverse Possession claim by granting the possessor permission to use the property. A consensual use cannot be adverse. Therefore you can consider sending the person a letter, certified mail return receipt requested, authorizing him to use your property for a stated period of time - for example 6 months.Have I answered your question?
Since the parcel is surrounded by his land and he owns 1/2 of the parcel (this has been the situation for 100 years), what "permission" am I granting him?
You are granting him permission to use your 50% interest or whatever interest that he would like to adversely possess– typically it is helpful to grant the possessor the use without requiring a rental fee that he may be unwilling to pay. The goal is to make his usage permissive so that it cannot be considered adverse
One final question, please....would it help to file something in the public deed registry? If so, what?
Laurel - you may be able to record some type of a license to use your interest for a stated period of time. This will depend upon your local recording requirements so I suggest that you meet with local counsel. Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com
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