Lawyer thoughts...squatters

[Leon County Slayer]

It doesn't help calling him a squatter. :-) Call him a tenant. Almost certainly not AP (though some judges and other triers of fact are morons). AP, by statute, is commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person. This was a symbiotic relationship at its inception/commencement.

That's a good word, but not nearly as fun to say!!!

[Snakelover]

Before you buy the property, your uncle's niece (isn't that your cousin?) could write up a month-to-month lease agreement saying that he's cutting the grass in lieu of payment and have him sign it. That way the tenant relationship is clearly established before you buy the property. If he refuses to sign it, make her be the one to evict him before you buy the property.

[Lexington]

It doesn't help calling him a squatter. :-) Call him a tenant. Almost certainly not AP (though some judges and other triers of fact are morons). AP, by statute, is commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person. This was a symbiotic relationship at its inception/commencement.

This sounds right according to my understanding of AP, but I ain't no lawboi.

[Leon County Slayer]

Before you buy the property, your uncle's niece (isn't that your cousin?) could write up a month-to-month lease agreement saying that he's cutting the grass in lieu of payment and have him sign it. That way the tenant relationship is clearly established before you buy the property. If he refuses to sign it, make her be the one to evict him before you buy the property.

Yes, she's my step-cousin and this sounds like it's worth exploring for sure!

[Traildust]

Buy the property. Ask him to move. If he doesn't, hook on to the trailer and drag that ****** out in the road. Problem solved.

[Burnadell]

Do you know if he has ever paid any portion of the ad valorem taxes on said land?

There are many articles on your googler that discuss Texas' Adverse Possession law. Here is one that might be of interest.

https://www.nolo.com/legal-encyclopedia/who-can-claim-property-based-adverse-possession-texas.html

As others have said, I would not buy until the issue is resolved, and he is gone. Make it a condition of the contract.

[apkleinschmidt]

Definitely not adverse possession. He's a tenant because occupancy wasn't hostile. Your best resource hands down (and free) would be the local JPs and constables who handle evictions.

I'd give them a call ASAP.

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[Charles]

That's a good word, but not nearly as fun to say!!!

Since we are wanting to have fun, drop a smoke bomb down his chimney, like the Posse used to do back in the day to get the Outlaw to come out.

[fbchunter]

As said above I would make it a condition before closing. The good thing is no one else would want to buy it with the free squatter either. So they should be motivated to make it happen

[Grayson]

Have estate proceedings been opened on the Uncle's Estate? Or is cousin a do-it-yourselfer?

[batmaninja]

Not even touching on the legal side, although I dont think there is a chance of AP, the guy is going to have a hard time finding another place that he can rent for the price of, cutting the grass. I would bet that is going to be his biggest push back, try to help him find another place to move too.

I am no attorney, but I think you need something in writing to make the guy technically a tenant.

[apkleinschmidt]

^

Statute of Frauds

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[2B4Him]

Certainly make sure the transfer from grandmother to uncle and then uncle to his daughter were valid and recorded. Title research will show easements, etc.
Have the daughter get rid of 'tenant' - you shouldn't have to deal with that.

[Terry]

Unless he has a written lease agreement, whoever owns the land can have him removed

[Pushbutton2]

Since we are wanting to have fun, drop a smoke bomb down his chimney, like the Posse used to do back in the day to get the Outlaw to come out.

Smoke grenade with a Trioxine tablet taped to the bottom of it might work better. :-)