Legal Question in Real Estate Law in Texas

Real estate property was inherited by siblings. For the past 50 plus years only one of the siblings has paid the taxes, insurance, and street improvement cost on this property. The sibling who has been paying all expenses connected to the property wants to have it legally put in her name. Can this be done without the cooperation of the siblings who have not contributed any financial help for the past 50 plus years?


Asked on 1/16/10, 1:08 am

3 Answers from Attorneys

To have the property legally placed in her name, the sibling who has paid the expenses needs to file an action to quiet title. To prevail, she needs to prove to the court that she has acquired title by adverse possession. Where one claimant co-tenant intends to establish adverse possession agains the other co-tenants, the claimant must show that an "ousting" took place and that enough years have lapsed since that ousting to satisfy the statutory period for adverse possession, typically about 10 or 15 years depending on specific factors. Ousting means that the claimant took exclusive possession and that she denied the co-tenants their right to occupy any part of the property. Thus, the claimant will have to show that she has been in control of the property and that her co-tenants were effectively refused any part of possession or control of the property in question.

If the claimant did not "oust" her co-tenants, then she won't be able to take title by adverse possession but should be able to assert a claim for reimbursement against the co-tenants.

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Answered on 1/21/10, 11:16 am
Ken Gober (Austin TX) Lee, Gober & Reyna

It seems from your question that all siblings are the legal owners of the land.

The sibling who has been paying for the past 50 years MAY have a claim for reimbursement or perhaps another similar claim (but that is hard to say with so little facts).

The only way that comes to mind for the paying sibling to get title in her name can get either: 1. buy out the other siblings or 2. split up the property into parcels (if possible), or 3. force a sell of the property and the proceeds will be split among the owners in respect to the percent they each own.

This is a situation that occurs all too often and is often the result of a person passing without a will or passing with an outdated or "unfair" will.

Some of these matters are time sensitive so I recommend that an attorney be consulted for a more in-depth review of these matters.

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Answered on 1/21/10, 11:56 am
Cheryl Rivera Smith The Smith Law Firm

Possibly. If a case for adverse possession can be proven, the judge will "declare" claimant as the owner. It will take a lawsuit to obtain the Declaratory Judgment.

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Answered on 1/21/10, 1:03 pm


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