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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38229
Experience:  17 years real estate, Realtor. Landlord 26 years
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My dad, and hs two brothers bought a property together ,in

Customer Question

my dad, and hs two brothers bought a property together ,in 1950.
the title is cloudy, because Hairston Properties 1950 lost its charter in 1976.
dad formed hairston properties in 1982 and it lost its charter in 1986.
a rail company wants to buy the property for $ 8000. They want a clear title.
in 1981 and 1984 respectively dad's brothers died. he gave me the property in 1995.
he paid the taxes from 1984 to 1995 and i have ever since.
and all the costs on the property.
my cousins think they have an ownership.
i say not!
Submitted: 1 year ago.
Category: Real 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 have taken care of the property solely and paid the taxes on it for at least 10 years, then under TX law you can claim sole ownership under the legal doctrine of adverse possession.

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In order to do so and get clear title, you would have to file a "quiet title" lawsuit against anyone who might have an interest in it and name them as defendants. Then a judge would issue an order stating that you are the only owner of the property so you could sell it with a clear title.

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You would need to have a local attorney help with filing the quiet title action if you aren't familiar with drafting your own lawsuits, complaints, and representing yourself in court.

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thanks

Barrister