How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36579
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I have been paying property taxes on property that

Customer Question

I have been paying property taxes for years on property that I am an heir to and the person that owns the property next to mine has one of his structure on my property and he has been renting out and now he has the structure for sale.This persons also knows that this part of the property does not belong to him.What is my recourse
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
.
Can you tell me approximately how many years the structure has been encroaching on the property?
.
Have you had a recent survey done to confirm this?
.
What is the "structure" and is is movable?
.
.
thanks
Barrister
Customer: replied 1 year ago.
The structure has been encroaching on the property for over 20 years under the previous owner and the structure is a carport.I have not had a recent survey but I will be traveling to Texas this week.I do have the property measurements on my tax receipts.
Expert:  Barrister replied 1 year ago.
Ok, sometimes I don't have good news for a customer and this is one of those times, so please don't "shoot the messenger".
.
Under TX law, if someone encroaches on your property, actually legally being a trespasser, for at least 10 years, then they can claim legal ownership of the property that they are encroaching on under the legal doctrine of "adverse possession" (TX Property Code 16.026)
.
So legally if you tried to file suit to eject them for trespassing, they could counterclaim under the doctrine of adverse possession and actually claim legal ownership of any land that they have encroached on for at least ten years..
.
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
.
.
thanks
Barrister

Related Real Estate Law Questions