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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37862
Experience:  16 years real estate, Realtor. Landlord 26 years
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If a person has openly and visibly occupied a portion of anothjtr

Customer Question

if a person has openly and visibly occupied a portion of anothjtr person's lot by mowing, citing, planting flowers and having a lermanently affixed maibox on a portion of the adjoining lot for 36 years, what are that person's rights?
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Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
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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That person, who is legally a trespasser, can gain rights to claim actual ownership of the land that they are trespassing on if they maintain exclusive, open, and hostile use of it for at least 10 years under TX "adverse possession" law.
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So if the person used it exclusively, out in the open, without permission of the legal owner, they can file a "quiet title" lawsuit and seek to have a judge issue an order declaring them to be the legal owner of the land that they have used.
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thanks
Barrister
Customer: replied 2 years ago.
IF THAT LOT HAS UNDERGONE A TAX FORECLOSURE BUT I WAS GIVEN NO NOTICE, WOULD THAT ALTER THINGS?
Expert:  Barrister replied 2 years ago.
The tax foreclosure would have resulted in a new owner taking over from the old one, but if you had used the land openly for at least ten years, then the change of ownership would not defeat your claim.
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thanks
Barrister