Legal Question in Real Estate Law in Texas

Adverse Possession

I was given a piece of property from my sister, I built my home there and my business, I pay taxes on the house and improvements but she pays the land taxes. We have asked several times to buy the land so we can pay taxes and loan against it for home improvements, she won't. We don't get along right now after the passing of my father, can she legally evict me off property that several people witnessed to be given as a wedding present? I haved resided here for 17 yrs. Can I take possession of the land taxes with adverse possession?


Asked on 6/04/06, 5:25 pm

1 Answer from Attorneys
Dinesh Singhal Singhal & Associates

Re: Adverse Possession

Well, if you can prove (through witnesses) that she gave you house as a gift, then you can bring a lawsuit for declaration that it belongs to you. As for the adverse possession issue, it is an argument that can be made and won if you can prove that you held it adversly (open, hostile) against her will.

She can ofcourse try to evict you based on the title in her name, but you can counter sue her in that suit for the above stated causes of action.

I would suggest a first strike on your part as it would at least bring her to the table to discuss possible resolution.

Dinesh Singhal

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Answered on 6/04/06, 8:43 pm


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