Legal Question in Real Estate Law in Texas

Abandon Property

I own a 2 acre track of land, and had leased it for a mobile home. Approximately 3 years ago, the home was to be repossed for non-payment by Conseco. I have spoken with them several times, and they have not picked up the home. I have filed a lien with the County Clerk of the county in which my land is located for $300.00 per month storage.

Conseco hs not made any attempt to move the home,and it is just sitting there. I would like to claim ownership of the mobile home, since they have made no attempt to reclaim it, and the amount they would owe me is more than the home is worth. How do I geta clear title to the Home? I would like to go in make repairs, and sell both the house and my land.

Can I do so?

Thank you,


Asked on 5/20/04, 10:47 am

1 Answer from Attorneys
Chris Abel Law Offices of Joshua Wintters & Associates

Re: Abandon Property

There are ways to either charge the company storage for the past three years or rent for the time you have not been able to relet the land. However, this will likely involve a civil suit based on trespass to land. As such, it could become very complicated, and I recommend you see a lawyer before proceeding. As for gaining title to the home, a suit based on trespass to your land could force the company to remove it, or turn it over to you in satisfaction of any judgment. If you are in the East Texas area, feel free to come by my office, and we can fully discuss all of your options. Sincerely, Chris Abel of the law firm of Joshua Wintters and Associates.

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Answered on 5/21/04, 10:58 am


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