Legal Question in Real Estate Law in Texas

Adverse Possession

I have a woman that has moved into an old store building that is situated on 7 acres of land I own in Texas. She is claiming it with an adverse possession affidavit that she has filed in the courthouse. She has lived there for 13 months and has paid the taxes 1 year. Her affidavit states that she has been there 20+ years and paid all taxes. She has put a fence around the store building and other structures that is on the property. That fence is less than a month old. How can I get her off without having to pay an attorney? I have talked to one and he said it could run as much as $4-5,000.00.


Asked on 6/19/03, 3:25 pm

2 Answers from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Adverse Possession

You are going to need a lawyer sooner or later and you are clearly on notice she is claiming the land is hers. Her case will only improve and yours will only worsten with time.

http://www.reasonable-doubt.com

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Answered on 6/19/03, 3:32 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Adverse Possession

Start in small claims court with a forcible entry and detainer suit (eviction). First, you will need to give her the required 3 day notice to move. The filing fee should be under $100 and see if you can get her out of the property by proving up your case before the justice of the peace. It is a friendly self-help court so bring witnesses, proof of tax payment, etc. to reinforce your testimony. If you win, the sheriff can forcibly evict her if she still fails to move out. If you lose, you will need to call an attorney for a declaratory judgment action. Normally my fee is approximately $2,500 - $3,000 for this type of suit.

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Answered on 6/19/03, 5:45 pm


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