Q: Someone else's house in on my property.
I bought a 20 acre land through a tax deed auction in 2014. I recently had it surveyed. According to the survey, there is a house on my property. The house currently has an occupant. The previous owner of the land apparently let someone place their house on the land. According to public records the owner of the house is billed for property taxes for the house only; however they are not paying. I am only billed for taxes on the land. The owner of the house is also not the current occupant and I don't have a way of contacting the owner since I don't have any of her contact information. The occupant has also moved the survey stakes. The house belongs to the owner however the land that it is on, belongs to me. I do not care to keep the house as it is in very poor condition. I just want the occupant out. How do I go about getting this person off of my property?
A: Any tax sale of land will involve problems. Here you need a TX attorney to file suit for possession immediately against both the taxpayer and the occupant. Service will be difficult. Hopefully the tax deed has a legal description including the house, as your new survey is not in your deed description. You do not state the reason for the survey. There may be a boundary dispute or an ejectment/quiet title action may need to be filed. Title search on at least your property is necessary. You should have known most of this prior to the bidding. House is part of the real property you bought, and the taxing authorities will need to change the assessment, that is higher.
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