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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37038
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I was just inquiring because i recently found out that my

Customer Question

I was just inquiring because i recently found out that my deceased grandfather has unclaimed land
JA: Thanks. Can you give me any more details about your issue?
Customer: I live in Texas, I recently found out that my deceased grandfathre has unclaimed land, taxes has not been paid since 1994 according to the tax records its still under his name was looking up information on what i could do to claim it as his heir if that was even possible. I know there was no will and as far as i know it was not awarded to anyone
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Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If you are asking about laying a claim to it against all others, then that is what is called "adverse possession". Under TX law, if you can maintain exclusive and sole possession of the property without permission from the owner for 10 years, you can legally claim it as your own by filing a "quiet title" action in court against the legal owner (i.e. his estate)

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So in order to prevent it from being sold for back taxes, it would probably be a good idea to pay them and then take physical possession of the land by going onto it and making improvements like cutting weeds and brush and maintaining it until that 10 years passes.

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If you went to file a probate case to settle his estate, then all his legal heirs would become the owners and you would have to buy out their interests in order to become the owner.

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thanks

Barrister