Happy Valley, OR asked in Estate Planning, Real Estate Law, Tax Law and Land Use & Zoning for Texas

Q: I inherited land 80 acres and 20 acres undivided was sold and I just found out there is someone living on it

The taxes is there anyway to have them reduced since I'm not living on land mostly just shrub and trees. I also found out hunting is going on as I seen 6 lookout huts in trees? Also found oil wells on my land

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: I understand you're dealing with a complex situation involving inherited land. Let's break down the issues you've mentioned and discuss some potential steps you could take:

1. Property taxes:

You may be able to have your property taxes reduced. Some options to explore:

- Apply for agricultural or timber exemptions if the land qualifies

- Request a reassessment of the property value

- Look into any available homestead exemptions

- Check if there are any conservation easement programs in your area

2. Unauthorized occupancy:

Someone living on your land without permission is a serious concern. You should:

- Consult with a local real estate attorney to understand your rights and options

- Consider sending a formal notice to the occupant

- Potentially file for eviction if necessary

3. Hunting on your property:

The presence of lookout huts suggests ongoing hunting activities. To address this:

- Post "No Trespassing" signs around your property

- Consider fencing the property if feasible

- Contact local law enforcement about the unauthorized hunting

4. Oil wells:

The presence of oil wells on your property is significant. You should:

- Review any existing mineral rights agreements

- Consult with an oil and gas attorney to understand your rights and potential royalties

- Consider having an environmental assessment done to check for any issues

5. Undivided interest sale:

The fact that 20 acres were sold as an undivided interest complicates matters. You may want to:

- Review the sale documents and understand the implications

- Consider a partition action if you want to separate your interests

Given the complexity of your situation, I strongly recommend consulting with a local real estate attorney who has experience in mineral rights and property law. They can provide specific guidance based on Texas law and help you navigate these issues.

Anthony M. Avery agrees with this answer

Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Maynardville, TN

A: Start out by hiring a TX attorney to search the title.

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