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I have maintained a lot for 15 years which includes mowing…

Customer Question
I have maintained a...

I have maintained a lot for 15 years which includes mowing and landscaping upkeep. Now the builder wants the land back and has started removing the fence around the lot. Can I file a mechanics lien for my maintaining the property all this time?

Lawyer's Assistant: Where is the property located?

919 E 37th street, Houston, TX 77022

Lawyer's Assistant: Has any paperwork been filed?

Only a notice of intent to file a claim of adverse possession was sent to the lot owner with no response.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The builder-owner has started demolition of my fence and a storage yard that is located on that lot. I have filed a police complaint. The Police said may be I should file a mechanics Lien for the years of upkeep of the lot area.

Submitted: 7 months ago.Category: Real Estate Law
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10/2/2017
Real Estate Lawyer: Richard, Lawyer replied 7 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,737
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Real Estate Lawyer: Richard, Lawyer replied 7 months ago

Good afternoon. It's the owner that is in violation here, not you now that you have satisfied the adverse possession statute. The applicable statute is as follows:

"Tex. Civ. Prac. & Rem. Code § 16.026 (Ten-Year Statute [“Bare Possession Statute”]):

(a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

(b) Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.

(c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor’s claim extends to the boundaries specified in the instrument.

A deed or other memorandum of title is not necessary so long as the elements of adverse possession are met. Adverse possession is the process of claiming title to real estate by taking it and occupying it for a period of time. Adverse possession requires the following conditions to be met: i) actual possession of the property; ii) open and notorious use of the property; iii) exclusive use of the property; iv) hostile or adverse use of the property; and v) continuous use of the property. Since you have met these elements, you now own the property and the original owner is barred from filing a suit to reclaim the property. I would let the original owner know this and if they do not stop their activities, I would file a petition with the court for an injunction ordering the original owner to cease and desist and to pay you damages for any work done so far.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Real Estate Lawyer: Richard, Lawyer replied 7 months ago

Good afternoon. Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,737
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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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