Legal Question in Real Estate Law in Texas

How to purchase a lot?
I recently purchased a home on a large lot, just days before closing we found out that half the yard that is enclosed in the fence does not go with the house. We decided to close anyway. Now I have researched the tax records and found the owner that purchased in 1994, Ricky Kornele. He says he sold the property to a guy named John Westmoreland a couple of years ago. I found John, he knows of my predicament and now wants twice as much for the lot than it is worth. I have a friend at a title company so I had him pull a title commitment, he shows the last deed filed of record to be an owner named Beatrice Erwin in 1986. The taxes have not been paid in 2 years, and the previous owner is saying that the fence has been there enclosing the property for 13 years and they have been mowing and caring for it. Should I wait and see if it goes into tax foreclosure? Or if I start paying the taxes, is there anyway I can aquire the property this way? I had heard that if you mow the property and it is enclosed inside your fence for over 10 years you can take possession, is this true? Thank you for your help.

Asked on 5/14/08, 10:57 am

Cheryl Rivera Smith The Smith Law Firm

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Re: How to purchase a lot?

Contact a real estate attorney in your area immediately. You may have a good argument for adverse possession of the land.

Answered on 5/15/08, 1:09 pm

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