Legal Question in Real Estate Law in Texas

My parents bought a house with an addtional lot in 1968. Both are deceased and the property has been left to myself and 2 brothers. We have been able to locate the deed to the house but there is nothing on the additional lot. My parents have paid taxes on the house and the lot since 1968. We have hired a title company and they have not been able to find a deed either. The compnay they bought the property from went out of business years ago. Can we file an adverse possession-can we do this ourselves-we live in Texas


Asked on 12/18/12, 2:04 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

you could file adverse possession...but not without a lawyer IMHO....to be successful...but as you may know anyone can file a suit...but not everyone can win..call if you wish to discuss..no fee for consultation

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Answered on 12/18/12, 3:41 pm
Joseph A. McDermott, III Attorney at Law

Adverse possession does not fit your facts -- if your parents bought the adjacent land, then they own it, and it's a matter of proving title by performance. Was the property bought for cash, financed by the selling company, or third party financed? Do you have any records of payments on this adjacent property? A copy of the contract to buy both properties? What sort of will did your parents write? Are you and/or your brother independent executors? It may be as simple as filing suit on the successors of the selling entity to establish that the original deed was mistaken in leaving off the adjacent property -- the tricky part may be identifying and locating the successors. Simpler still would be if those successors wold make you a deed. Another route would be to get a title company to set out the conditions they require in order to insure title in you and your brother -- which may well include a suit or successor deed as mentioned above. As far as taking care of it without a lawyer, I agree it's unlikely. You have to evaluate what the value of the property is versus the legal cost involved. At the end of the day, you need an insurable title before you can do anything with this land.

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Answered on 12/18/12, 4:53 pm


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