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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 38854
Experience:  Texas Attorney for 30 years dealing in real estate
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Can we file a lien on a property for the Taxes and Insurance

Customer Question

Can we file a lien on a property for the Taxes and Insurance we've paid for the last 10 years? The property is owned by a trust and no payments have been made to cover the taxes and insurance.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Ray replied 6 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 6 months ago.

Yes Texas law permits a suit for quiet title based on adverse possession after 10 years.You will need to prove you made use f property here, mowed it, farmed, it or otherwise occupied it as well.You would want to park something on the property here, it can be a bench, sign, really anything to show this for court.

Here is the statute.

Tex. Civ. Prac. & Rem. Code § 16.026 (Ten-Year Statute [“Bare Possession Statute”]):

(a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

(b) Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.

(c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor’s claim extends to the boundaries specified in the instrument.

The 10-year provision is the catch all. A deed or other memorandum of title is not necessary so long as the elements of adverse possession are met. However, such documentation may be useful to establish the boundaries of the claimed tract; otherwise the key to determining boundaries may be that which is fenced in as a “designed enclosure”—not just a “casual fence.” Rhodes v. Cahill, 802 S.W.2d 643, 646 (Tex. 1990).

Expert:  Ray replied 6 months ago.

Lawyer to file suit here

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Reference for quiet title/adverse possession

http://www.lonestarlandlaw.com/Adverse.html

Expert:  Ray replied 6 months ago.

You can fence it or make use of it, take pics to document you have used it here.

Summary

Under Sec. 16.026 – The Ten-Year Statute, a deed or other memorandum of title is not necessary so long as the elements of adverse possession are met. That is the person must simply cultivate, use, or enjoy the property for the ten year period. Without a title instrument, peaceable and adverse possession under this section is limited to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, the adverse possession extends to the property actually enclosed.

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