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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102304
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I purchased a property in Texas which shows the property

Customer Question

I purchased a property in Texas which shows the property taxes paid covers land adjacent to the actual property which the HOA says is common area. Unfortunately the title paperwork is not clear on this point. Taxes have been paid on this small parcel of land for years.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
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I am very sorry to hear about this situation. I am afraid I do not have an immediate solution for you, although I do have the path where this would be resolved.
This is not uncommon in Texas, Arizona, New Mexico, and a other states. In such situations, what a party that is affected by such a matter wants to do is to file a Petition to Quiet Title in Court. This petition essentially asks the Court to "quiet" the matter when it comes to competing claims of interest to land, easement disputes, tax liabilities for land, and other such situation pertaining to land.
Unless the parties come to some kind of an agreement, the Court will rule, and it will rule based on the facts as well as equity (fairness). I am afraid that this is a case by case basis, and there is no way really to know how the Court will rule.
Such suits involve HOA v. owner, owner v. owner, multiple owners v. HOA, claimants v. owner(s) v. HOA, and basically any other combination - it all falls under the umbrella Petition to Quiet Title.
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