Originally posted by RR 314
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Lawyer thoughts...squatters
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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.
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Originally posted by RR 314 View PostIt 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.
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Originally posted by Snakelover View PostBefore 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.
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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.
Whether by mistake or on purpose, trespassers may eventually gain ownership rights over privately held Texas land.
As others have said, I would not buy until the issue is resolved, and he is gone. Make it a condition of the contract.
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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.
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