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I am very sorry to hear about this situation. I am afraid I do not have an immediate solution for you, although I do have the path where this would be resolved.
This is not uncommon in Texas, Arizona, New Mexico, and a other states. In such situations, what a party that is affected by such a matter wants to do is to file a Petition to Quiet Title
in Court. This petition essentially asks the Court to "quiet" the matter when it comes to competing claims of interest to land, easement
disputes, tax liabilities for land, and other such situation pertaining to land.
Unless the parties come to some kind of an agreement, the Court will rule, and it will rule based on the facts as well as equity (fairness). I am afraid that this is a case by case basis, and there is no way really to know how the Court will rule.
Such suits involve HOA v. owner, owner v. owner, multiple owners v. HOA, claimants v. owner(s) v. HOA, and basically any other combination - it all falls under the umbrella Petition to Quiet Title.
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