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I have been paying property taxes on property that

Customer Question
I have been paying property...
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: 3 years ago.Category: Real Estate Law
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Answered in 3 minutes by:
7/1/2015
Real Estate Lawyer: Barrister, Lawyer replied 3 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,074
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Can you tell me approximately how many years the structure has been encroaching on the property?
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Have you had a recent survey done to confirm this?
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What is the "structure" and is is movable?
.
.
thanks
Barrister
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Customer reply replied 3 years 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.
Real Estate Lawyer: Barrister, Lawyer replied 3 years 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)
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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..
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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...
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thanks
Barrister
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