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Posted on 07/20/2011 2:37:43 PM PDT by Mountain Bike Vomit Carnage
I don’t know Texas law, but adverse posession does exist, but its a bit more complicated from my investigations, usually in requires living in the residence for an extended period of time and maintaining at as you owned it (paying taxes, upkeep etc) before you can successfully claim adverse posession.. but who knows.
Not suprised, while adverse posession laws exist, it usually requires the person claiming they possess the home to have lived there for an extended period, and engaged in maintenance and upkeep of the home, IE paid taxes etc etc..
Its usually not as simple as move in and file a form. Its more like find an abandoned home, move in, no one complains about it you live there for a certain amount of time, usually years, and maintain the home as your own, then you have the right to file for adverse posession process which includes proving that you have lived there, that the owner has abandoned the property and not attempted to remove you, etc etc.
They aren’t bad laws, but they aren’t as simple as filing a piece of paper and moving in.
IN PA for example to claim adverse posession, you have to have had continuous posession of the property for 20 years, and done so in an open, and not secretive manner, and have done so without the owners consent or permission. That’s the requirements to take the title in adverse posession.. basically openly squat and care for a property for 20 years without the owner saying its ok, or evicting you and the property is yours.
The property owner has surfaced and told him to get out. The Judge agreed that BoA is the rightful owner and the squatter must leave.
Adverse possession laws are written to protect the property owner. They are given a long period to stake their claim and prove ownership.
It seems Mr Robinson didn’t really understand the law, or thought the mortgage holder/owner would over look his presence for years? I have no idea what went through his head.
I’m just glad he is gone and didn’t get title to the property.
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