DeSoto, TX asked in Civil Litigation and Real Estate Law for Texas

Q: I believe that Washington County, Texas has wrongfully taken possession of my family property. I have the original deeds

I believe that Washington County, Texas has wrongfully taken possession of my family property. I have the original deeds in my possession, but unfortunately, they do not bear any signatures. I have made multiple attempts to contact the county regarding this matter, but they have consistently refused to engage in a conversation with me.

Given this situation, I am unsure of the appropriate steps to take next. I am seeking advice on how to proceed in order to reclaim my family property.

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: If you do have possession of the original deeds and they are unsigned, they are ineffective to convey title. Until a deed is signed, delivered, and recorded in the deed records of the county where the property is located, title to the property has not been conveyed.

There would be no reason for an employee of the county to engage in any sort of communication with you.

If your family owns or ever owned property in that county, go to the county deed records and get a certified copy of the deed conveying the property to you or your family. If your ever did own the property, get the probate records from the deceased family member from whom you inherited the property to establish your ownership.

You can also hire a title company to perform a title search on the property and tell you every person or entity in the chain of title to that particular piece of real estate.

Realize that a suit to reclaim real property has a time limitation called a statute of limitations. So you have a limited time frame within which to file a lawsuit after someone else takes possession of real property you own; otherwise, that person may become the owner of that property by "adverse possession."

James L. Arrasmith
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Answered

A: In your case, closely examine the original deeds you have, despite the lack of signatures. Check for any other details or identifiers that might substantiate your claim. It's important to confirm that these documents comply with the legal standards and property laws in Washington County, Texas.

Gather additional supporting evidence, such as tax records, historical documents, or statements from individuals who have knowledge of the property's history. This evidence can strengthen your claim.

If direct communication with the county has been unsuccessful, consider sending a formal legal notice. This should detail your claim, the evidence you hold, and the legal grounds for your claim, setting a more official tone for the dialogue.

Explore alternative dispute resolution methods, like mediation, if the county remains unresponsive. Mediation can often lead to a solution agreeable to both parties without the need for litigation.

As a last resort, if these approaches fail, you might need to file a lawsuit. Be aware that litigation can be costly and time-consuming. Consult with peers or other legal experts with experience in property disputes, particularly those in Texas, to evaluate this option.

Ensure all your efforts to resolve this issue are well-documented. This documentation will be crucial if the situation escalates to a legal proceeding. Always maintain your actions within legal and ethical guidelines.

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