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Old 11-12-2019, 10:34 AM   #1
sambo73
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ok, so we are selling some land and selling my parents place since they both passed. there is some land in between my house and theirs that doesn't show on tax roll as belonging to anybody. I am 46 and my sister is 59. land had been in family at least that long. tax office said it possibly could have slipped thru the cracks...they are not sure. suggested I call title company. they don't show any record of it. suggested I call their attorney. we are selling my parents place and some of our land to my cousin. we would like to sell the land between to him also but can't according to tax office without proof of ownership.


any of y'all been thru this? any ideas where to start looking?
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Old 11-12-2019, 10:37 AM   #2
jds247
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No tax record ? I've heard of people paying back taxes and taking possession. Not sure how it really works..
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Old 11-12-2019, 10:45 AM   #3
parkchief100
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You may have to squat it. Do the proper paperwork and once the allotted time passes it becomes yours. I had a buddy that did it on a small piece of property.
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Old 11-12-2019, 10:46 AM   #4
texansfan
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Adverse possession it
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Old 11-12-2019, 11:09 AM   #5
gmagsdad
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Might help to find the deed conveying ownership to your parents, then run the title out going forward from there to prove they still owned it when they passed. Was there a Will? If so, was it probated? If not, an Affidavit of Heirship should do it but you'd still have to show they still had it given that its not shown on the tax rolls. There is probably a little more to it than that but with the legal description you can usually find out. This is just a brief description so its not gospel, nor is it intended to take the place of a certified title opinion. I hope this helps and feel free to PM, if I can help in any way I will certainly do so.
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Old 11-12-2019, 11:22 AM   #6
Birddog66
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This is gonna take some research. Title co. and title co. attorney would be my first place and sounds like your already there. They should be able to figure it out. Stuff like this happens, especially with property that hasn't changed hands in a long time. Also, if it's a smaller County with fewer recording resources than say a bigger County, things can be a little....messy.

Big question? Who has been paying property taxes on the land in question?
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Old 11-12-2019, 11:24 AM   #7
hog_down
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How much land are we talking about? An acre? 10 acres? I run into this all the time in my line of work, and would start with an attorney.
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Old 11-12-2019, 11:39 AM   #8
sambo73
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I have a friend that is a land man and he is going to do some deed research for me. I remember my daddy arguing with appraisal office when we built a horse barn around 1991-1992
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Old 11-12-2019, 11:41 AM   #9
sambo73
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Quote:
Originally Posted by Birddog66 View Post
This is gonna take some research. Title co. and title co. attorney would be my first place and sounds like your already there. They should be able to figure it out. Stuff like this happens, especially with property that hasn't changed hands in a long time. Also, if it's a smaller County with fewer recording resources than say a bigger County, things can be a little....messy.

Big question? Who has been paying property taxes on the land in question?
According to tax office, there is no records of it or taxes. said once we find out, would have to go back and pay like 5 yrs worth.
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Old 11-12-2019, 11:42 AM   #10
sambo73
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Quote:
Originally Posted by hog_down View Post
How much land are we talking about? An acre? 10 acres? I run into this all the time in my line of work, and would start with an attorney.
if I had to guess no more than 3ac
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Old 11-12-2019, 11:46 AM   #11
The Crippler
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Landman should be able to put together the pieces of the puzzle.

I would advise you to quit messing with the tax appraisal office, in my experience they don't know anything about land titles, they just receive the recently recorded deeds every week and change the names on their rolls. It is not your responsibility to provide them information they should have with a little diligence or to clean up their mistakes/oversights. Unfortunately you've already put them on alert so they'll be looking for someone to tax...
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Old 11-12-2019, 11:50 AM   #12
Ouch
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Don't hedge anything on what the tax office or appraisal district has to say about the matter. Have your landman buddy put together a title chain for an examining attorney.

Edit: Didn't see Crippler's post before commenting. He's right, as usual.
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Old 11-12-2019, 11:51 AM   #13
sambo73
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Quote:
Originally Posted by The Crippler View Post
Landman should be able to put together the pieces of the puzzle.

I would advise you to quit messing with the tax appraisal office, in my experience they don't know anything about land titles, they just receive the recently recorded deeds every week and change the names on their rolls. It is not your responsibility to provide them information they should have with a little diligence or to clean up their mistakes/oversights. Unfortunately you've already put them on alert so they'll be looking for someone to tax...
First lady i spoke with said it probably just slipped thru the cracks, and the other lady will tell you same thing...

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Old 11-12-2019, 12:00 PM   #14
Briar Friar
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Adverse possession it
I think this is the proper course and its about a 10 year course.
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Old 11-12-2019, 12:01 PM   #15
hog_down
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I'm a landman as well, and would be happy to map something if needed, just send me a PM. Do you have the deed where the land is coming into your parents?
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Old 11-12-2019, 12:35 PM   #16
sambo73
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Quote:
Originally Posted by hog_down View Post
I'm a landman as well, and would be happy to map something if needed, just send me a PM. Do you have the deed where the land is coming into your parents?
Thx! Not sure...will have to check with my sister to see. I may be in touch. Thanks for the offer!

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Old 11-12-2019, 01:10 PM   #17
Txhuntr2
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It sounds like title needs to be examined. You could have an attorney or landman do this as mentioned above. Ultimately, however, it is the title company who must be satisfied as to ownership before they will issue a title insurance policy. Maybe the best place to start is the title company and ask them what they will need to issue a policy.

As stated above, the tax office is in the business to collect taxes. They aren't tasked with maintaining accurate title records.

As for adverse possession, or acquiring title by limitations, you should consult an attorney. Its possible that you or your parents have already satisfied the requirements but those requirements are very fact specific. For example, if title to the tract is shared by some other long lost family member, they may be a co-tenant with you and it is more difficult to adversely possession against a co-tenant. In any event, to acquire title by possession you have to go to court and prevail in a suit to quiet title, making it a fairly expensive and lengthy process that would not be my first choice.
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Old 11-12-2019, 01:12 PM   #18
EarleyBird
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A good landman will be able to get to the bottom of it.
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Old 11-12-2019, 01:42 PM   #19
Grayson
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Quote:
Originally Posted by Txhuntr2 View Post
It sounds like title needs to be examined. You could have an attorney or landman do this as mentioned above. Ultimately, however, it is the title company who must be satisfied as to ownership before they will issue a title insurance policy. Maybe the best place to start is the title company and ask them what they will need to issue a policy.

As stated above, the tax office is in the business to collect taxes. They aren't tasked with maintaining accurate title records.

As for adverse possession, or acquiring title by limitations, you should consult an attorney. Its possible that you or your parents have already satisfied the requirements but those requirements are very fact specific. For example, if title to the tract is shared by some other long lost family member, they may be a co-tenant with you and it is more difficult to adversely possession against a co-tenant. In any event, to acquire title by possession you have to go to court and prevail in a suit to quiet title, making it a fairly expensive and lengthy process that would not be my first choice.
In addition to this and what The Crippler said, because of how the land lies, you are going to want to engage a surveyor at some point to mark points and property lines for you. Sounds like this and the title search would be important for not only the parents' land, but yours and your sister's as well.
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Old 11-12-2019, 02:33 PM   #20
sambo73
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Surveyor is coming friday to survey my land im selling my cousin. I spoke with him. He said he can find ownership of it. Said tax office only goes back to 1971. Lands been in family longer than that. He said he will have to go down into basement but will find out for us.

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