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In Texas... There was a large piece of highway front

In Texas... There was...

In Texas... There was a large piece of highway front property in a small town, that homes and mobile homes were set on the leased land. When the owner passed away that property was split and sold to the various homeowners. My father individually purchased the 2 lots of land, 1 had a junky house on it that his business had purchased years earlier, the other had a double wide mobile home on it that was owned by his business. He installed the septic system. When the neighbor purchased his piece of property from the deceased, the property line is over the double wide septic system.My father has since passed away and the business that owns the double wide purchased the 2 lots that were under the junky house and the double wide in 2017. Now we want to sell the whole thing, but the septic tank is partially on the neighbor's lot. The neighbor wants us to purchase that piece of land at an overvalued price.What are our rights? There was a survey done when my father purchased the property in 2015, however, the septic system's location was not on it. The neighbor also purchased his lot in 2015.

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

None and no.

Lawyer's Assistant: Has he talked to a TX lawyer about this?

I don't know.

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

I have made drawings with dates, if that would help. But I don't know if I can attach

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Answered in 10 minutes by:
3/22/2018
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,222
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Possibly, there could be an adverse possession claim but the facts have to meet the elements of an adverse possession claim. How long has the septic tank been in existence? Did everyone know about it? Is it used by multiple parties or just was used by your father's and his property?

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Customer reply replied 1 month ago
I'm sending you a drawing with dates that may help.
Customer reply replied 1 month ago
I believe it was approx 2005 that the double wide and septic system were installed. I don't know who knew about it when. Only used by the Double wide.

Okay. There could possibly be a color of title claim. Here are some definitions for you:

"Adverse possession" means an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.

(2) "Color of title" means a consecutive chain of transfers to the person in possession that: (A) is not regular because of a muniment that is not properly recorded or is only in writing or because of a similar defect that does not want of intrinsic fairness or honesty; or (B) is based on a certificate of headright, land warrant, or land scrip.

(3) "Peaceable possession" means possession of real property that is continuous and is not interrupted by an adverse suit to recover the property.

(4) "Title" means a regular chain of transfers of real property from or under the sovereignty of the soil.

There are other theories of possession that may apply in your favor, including "mutual recognition and acquiescence," and perhaps "parol agreement." It can get a bit confusing with the various statutes and laws.

Sometimes knowing that there are possible claims can help in negotiating a better price.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
Thank you for your help.

You are welcome. If you need further assistance in the future, just let me know.

Also, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,222
Experience: Helping you with your legal questions.
Verified
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