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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55702
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I want to do a title search or get an abstract

Customer Question

I want to do a title search or get an abstract for property in east Tx deemed heir property. She has been paying the taxes for years and is now getting harassment calls from people wanting to get oil & mineral leases. When I say harassed I mean 2-3 calls a week for the past 2 years - even when she calls them back to say she is not interested.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
You have a couple of avenues of recourse here. One, if your mother has been paying the taxes of property that is owned by multiple owners, she can file suit against them to recover their share of the taxes. They do not get to enjoy the benefits of ownership without also bearing the burdens. And, once she gets a judgment for those taxes, if they do not pay, she can place a judgment lien on their ownership interests in the property and then foreclose on that lien to get control of the property. Two, if she can't get them all to agree to sell, she can file a suit for partition to force a sale. When there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. The reality is that in most cases, once Group B finds out the certainty of the result of a suit for partition, those in Group B typically agree to the sale without the suit to avoid the costs of the suit.
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