Legal Question in Real Estate Law in Texas

Re: Quit Claim of real property

The title to the property is still in someone's name (that is assuming that it was patented (deeded) out by the State of Texas at one time. Because apparently no one is claiming ownership of the property, an opportunity exists to perfect a title by adverse possession. Without a deed you will can still perfect a title by adverse possession. To do this you will need to occupy/use the property exclusively for 10 or more years. Your occupation will have to be "notorious" meaning that from all appearances the property is being occupied and used exclusively by you, or someone leasing from you.

Paying the taxes during this 10 year period will not help any, except to prevent the tax districts from foreclosing on the property. However, you still can bid on the property if it is foreclosed upon by the taxing authories.

To show a good title acquired by adverse possession -- After 10 years you can file a title suit to get a good record title. This can be expensive if any owners cannot be found. Also, if any owner is a minor or incompetent, the 10-year period may be increased to as long as 25 years, but no longer.

In summary, it would be faster and much cheaper if you could track down the record owner and get at least a quit claim deed from him. If you are paying very much for the property, you should have the title examined or get a title policy even if you have to pay for it yourself. Otherwise you may find that you have bought the property from someone who does not own it, or it may be encumbered by all kinds of liens.

The foregoing is general rules only, and is further defined by case law since 1845.

Source for Adverse Possession statutes: Chapter 16 Texas Civil Practices & Remedies Code, SubChapter B.