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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Have been paying taxes on land that belongs to a cousin that

Customer Question

Have been paying taxes on land that belongs to a cousin that passed years ago, can't find her children or any of her grandchildren,, what rights do I have concerning this land?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Good morning, and Thank you for your question, Before I Answer, please give me the following information

1. How many years have you been paying the taxes on this property ?

2. Have you been occupying the property ? In other words, have you been continuously staying on the property and treating the property as if it were yours ?

Thank you,

ANDREA

Customer: replied 1 year ago.
Have paid the taxes about 40 years. The land connects up to mine. Sometimes my cattle are allowed to eat the grass.
Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your additional information,

Under Texas Civil Practices & Remedies Code Sec.16.026, an individual may acquire title to property by adverse possession if the individual

  1. He has an actual and visible appropriation of the real property,

  2. Under a claim of right

  3. Which right is inconsistent with that of the true owner

  4. He has occupied the property openly, continuously, and under a claim of right for a period of 10 years. It is not enough to be merely holding the property or caring for it

temporarily until the owner returns, and neither is it enough if such possession is shared with the true owner. You appear to have met all the requirements and also paid the taxes on the property in the absence of the true owner. Therefor under Texas law, you have acquired title to the property by the Rule of Adverse Possession.

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Kindest Regards,

ANDREA

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