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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118073
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Fist of all, my grandmother bought the 4 Acres between the

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Fist of all, my grandmother bought the 4 Acres between the years 1892 and 1897. I never really saw the property to verify its' location. We just kept paying taxes when the taxing authorities sent us a Tax Bill (Sometimes, we paid several years of delinquent taxes to make our tax payments current). We did not find out about an adverse possession claim until we made arrangement with a certified surveyor to tell us where the property was located. During his investigation he discovered that there was an adverse possession claim on file in the Walter County Courthouse in Texas (The person who file the adverse possession claim has never paid any taxes on the property to the best of our knowledge nor had he notified us that he had file an adverse possession - - I understand that all of which is required in the State of Texas). Afterward, we ask Common Wealth Title Company in Houston, Texas to perform a Title Search on the 4 Acres. They reported back to us that the Walker County Courthouse had no record of the 4 Acres ever being filed in the courthouse of Walker County or they did not have any information on the property's location, which had been listed in the property description of the Walker County Taxing Authority. In fact, the property description, in the Tax Statement was completely erroneous and the property did not exist in that location. So, we had been paying taxes on 4 Acres that did not belong to us, nor did it even exist in Walker County, Texas (note that these taxes had been paid since the late 1800 until the Year 2015). We wrote a letter to the Walker County Taxing Authorities requesting a refund of all taxes paid, and they through their lawyer told us in an e-mail that they had no obligation to refund our taxes (which amount to over $7,000.00) My questions is: Can they use any current law to not refund us our taxes paid (please note that I have the actual tax receipts dating all the way back to the late 1800)? My grandmother, father, mother (all of who are now dead), and me kept all tax payment receipts. The next question is would the laws of the late 1800 apply to getting a refund, since the property was purchased at that time. Can you site any Case Law that I can use to get my brother, sister, and my refunds? My e-mail address is***@******.*** and my telephone number is(###) ###-#### As an information item: I am 72 year old, my brother is 70, and my sister is 60.
James E. ************
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that this is not a case law issue, this is a factual issue. Since there are no writings here the problem is you have to prove the transfers of the deed through deaths and it is going to require court action to prove use and continued possession of the land. You are going to have to show they did not continuously use the land to defeat their adverse possession. You cannot fight this without a local attorney representing you and just because you paid taxes is not enough, the court has to examine the facts.