Bastrop, TX asked in Real Estate Law for Texas

Q: How long do you have to wait to file a Adverse Possession after a parent has passed and there was not a will.

The land we have lived on for over 40 years is still in the grandmothers name and the other siblings are trying to sell it. We have paid the taxes on it since the death of his father, except for maybe one year. One of our daughters also live on the property. We have cattle on the 25 acres also.

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2 Lawyer Answers

A: Adverse possession has many requirements to fulfill in order to claim. Hostile is one of those elements which means against the right of the true owner and without permission. Based on your question it sounds like you may have an ownership interest. It I am reading this correctly that would mean you cannot file an adverse possession. You may want to speak with an attorney an lay out the facts so they can help you determine your best avenue.

A: I agree with Alisha. It sounds like you are an heir of your grandmother and that you may be a co-owner by inheritance of the property. The law refers to this as "tenants in common" meaning that more than one person owns the land. In that situation, any or all of the owners have the right to occupy the land. So your physical occupation of the land is not "adverse" to the true owner because you are one of the true owners.

If the other siblings are also heirs of your grandmother, they can file a suit for partition by sale. However, in dividing the proceeds from such a sale, the court must adjust the equities based upon contributions of each of the owners to the land such as your payment of property taxes since your grandmother's death. If it has been years, that may make a sale unattractive to the siblings because the net proceeds they receive will be quite small. You may be able to buy-out their interest in lieu of selling the land.

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