Who ever pays the property tax owns the land.CREAg87 said:
Squatters rights are absolute nonsense.
The "squatter" should be sued for back taxes at the very least.
Who ever pays the property tax owns the land.CREAg87 said:
Squatters rights are absolute nonsense.
No. Absolutely not.eric76 said:Without adverse possession, would title companies even be able to exist?CREAg87 said:
Squatters rights are absolute nonsense.
A case can be made that you are correct and squatters rights are complete horse***** There is also a case to be made that the owner by not paying property taxes and maintaining the property for 10 years relinquishes their rights to the person maintaining and paying the property taxes may have some rights to the property.ProgN said:Thank you, but I still think squatters rights is complete horse*****richardag said:
I found this article:
Squatter's Rights in Texas. Everything you Need to Know.
- Meet all of the adverse possession elements mentioned above.
Have continuous possession of the property for a minimum of 10 years.
Timely pay the required state, county, or municipal property taxes for such property during the period in which the land has been occupied.
cena05 said:
This times 1000. Should I be able to receive your unclaimed money from www.claimittexas.gov since you aren't using it appropriately or may have forgotten about it?
cena05 said:
This times 1000. Should I be able to receive your unclaimed money from www.claimittexas.gov since you aren't using it appropriately or may have forgotten about it?
There are surveys and then there are surveys.Doc Hayworth said:
You mentioned dealing with it thru Telecom Easements. There's the catch, you deal with and are confusing Easement Sketches with Surveys, two completely different animals. Easements may show the overall property, but only addresses a small portion of the property being shown. The acreage on this sketches for the property is most likely taken from a deed and not actually surveyed to come up with the acreage. M&B with sketches are recorded, but not the surveys.
twk said:There are surveys and then there are surveys.Doc Hayworth said:
You mentioned dealing with it thru Telecom Easements. There's the catch, you deal with and are confusing Easement Sketches with Surveys, two completely different animals. Easements may show the overall property, but only addresses a small portion of the property being shown. The acreage on this sketches for the property is most likely taken from a deed and not actually surveyed to come up with the acreage. M&B with sketches are recorded, but not the surveys.
The surveys that cause problems are the ones that were done for original patents or surveys for transactions and partitions in the early to mid 20th century. The older we're talking about, the more problems you are likely to find. The surveys that home owners get for residential tracts in new subdivisions are usually very good, given that they were done with modern equipment (usually, but not always). But, no matter how good your equipment is nowadays, if you call relies upon an original patent that wasn't laid out properly, or some partition or division that was done 75 years ago by someone who screwed up, you can end up with calls that don't square up with other tracts.
NoQuote:
I know this is Delaware but does Texas have any laws similar to this on the books?
In Texas, no, as to real estate. Texas has no 'laughing heir' statute. Everyone has heirs, it's just a question of how far back you have to go to find them. .TarponChaser said:cena05 said:
This times 1000. Should I be able to receive your unclaimed money from www.claimittexas.gov since you aren't using it appropriately or may have forgotten about it?
Regarding both, if a property owner dies with no heirs does their property, real or otherwise, escheat to the government?
doubledog said:Who ever pays the property tax owns the land.CREAg87 said:
Squatters rights are absolute nonsense.
The "squatter" should be sued for back taxes at the very least.
Quote:
"It can be shocking because most people don't know about it," Widener University law professor Serena Williams told the outlet about squatters rights in the state.
if someone is not paying taxes, why do you suddenly get to claim it as your own b/c you're paying the property taxes? Why does the State not simply put a lien on the property for the taxes owed and, once it gets to a point that is, say 150% of the appraised value, foreclose on the property and auction it off to the highest bidder?richardag said:A case can be made that you are correct and squatters rights are complete horse***** There is also a case to be made that the owner by not paying property taxes and maintaining the property for 10 years relinquishes their rights to the person maintaining and paying the property taxes may have some rights to the property.ProgN said:Thank you, but I still think squatters rights is complete horse*****richardag said:
I found this article:
Squatter's Rights in Texas. Everything you Need to Know.
- Meet all of the adverse possession elements mentioned above.
Have continuous possession of the property for a minimum of 10 years.
Timely pay the required state, county, or municipal property taxes for such property during the period in which the land has been occupied.
As always the devil is in the details of the laws as written and how best justice may be served.
This begs the question - what is the point of government at all?Burdizzo said:doubledog said:Who ever pays the property tax owns the land.CREAg87 said:
Squatters rights are absolute nonsense.
The "squatter" should be sued for back taxes at the very least.
One would think that bolded statement is what would govern ownership, but it doesn't. As long as the tax collector gets paid, the government really doesn't get too concerned with who owns it. There is no connection between the county records office and the tax assessor collector office unless the taxes don't get paid.
When taxes are paid, the TAC doesn't look at the address on the check to make sure it matches the address where they send the notices.
That will happen. I had a friend whose mother's house was auctioned off because she didn't pay the taxes. She thought her ex-husband was paying them, but he wasn't.agracer said:if someone is not paying taxes, why do you suddenly get to claim it as your own b/c you're paying the property taxes? Why does the State not simply put a lien on the property for the taxes owed and, once it gets to a point that is, say 150% of the appraised value, foreclose on the property and auction it off to the highest bidder?richardag said:A case can be made that you are correct and squatters rights are complete horse***** There is also a case to be made that the owner by not paying property taxes and maintaining the property for 10 years relinquishes their rights to the person maintaining and paying the property taxes may have some rights to the property.ProgN said:Thank you, but I still think squatters rights is complete horse*****richardag said:
I found this article:
Squatter's Rights in Texas. Everything you Need to Know.
- Meet all of the adverse possession elements mentioned above.
Have continuous possession of the property for a minimum of 10 years.
Timely pay the required state, county, or municipal property taxes for such property during the period in which the land has been occupied.
As always the devil is in the details of the laws as written and how best justice may be served.
Texas passed a "laughing heir" statute in 2013 and is pretty much in line with the rest of the country now.Martin Cash said:In Texas, no, as to real estate. Texas has no 'laughing heir' statute. Everyone has heirs, it's just a question of how far back you have to go to find them. .TarponChaser said:cena05 said:
This times 1000. Should I be able to receive your unclaimed money from www.claimittexas.gov since you aren't using it appropriately or may have forgotten about it?
Regarding both, if a property owner dies with no heirs does their property, real or otherwise, escheat to the government?
This post and the people who starred it have absolutely zero understanding of the concept. This ain't even an apples & oranges comparison it's more like apples & chicken feed.Ag_of_08 said:cena05 said:
This times 1000. Should I be able to receive your unclaimed money from www.claimittexas.gov since you aren't using it appropriately or may have forgotten about it?
More should I be able to illegally gain access to your garage, put a lock on your motorcycle, and when you don't use it for long enough claim the title.
Not doubting your story, but I am quite certain the friend's mom received more than one notice and an opportunity to pay the back taxes. She either got terribly bad advice that the problem was her ex-husband's or she just thought she could get away forever not paying it.Rex Racer said:
That will happen. I had a friend whose mother's house was auctioned off because she didn't pay the taxes. She thought her ex-husband was paying them, but he wasn't.
I am not an expert, but at one point it seems like the point was to get the land back into productive use. That said, you make a good point.agracer said:if someone is not paying taxes, why do you suddenly get to claim it as your own b/c you're paying the property taxes? Why does the State not simply put a lien on the property for the taxes owed and, once it gets to a point that is, say 150% of the appraised value, foreclose on the property and auction it off to the highest bidder?richardag said:A case can be made that you are correct and squatters rights are complete horse***** There is also a case to be made that the owner by not paying property taxes and maintaining the property for 10 years relinquishes their rights to the person maintaining and paying the property taxes may have some rights to the property.ProgN said:Thank you, but I still think squatters rights is complete horse*****richardag said:
I found this article:
Squatter's Rights in Texas. Everything you Need to Know.
- Meet all of the adverse possession elements mentioned above.
Have continuous possession of the property for a minimum of 10 years.
Timely pay the required state, county, or municipal property taxes for such property during the period in which the land has been occupied.
As always the devil is in the details of the laws as written and how best justice may be served.
Congratulations on being an expert witness. I only report on what I've seen in about 30 years of practicing in this area of the law.Doc Hayworth said:twk said:There are surveys and then there are surveys.Doc Hayworth said:
You mentioned dealing with it thru Telecom Easements. There's the catch, you deal with and are confusing Easement Sketches with Surveys, two completely different animals. Easements may show the overall property, but only addresses a small portion of the property being shown. The acreage on this sketches for the property is most likely taken from a deed and not actually surveyed to come up with the acreage. M&B with sketches are recorded, but not the surveys.
The surveys that cause problems are the ones that were done for original patents or surveys for transactions and partitions in the early to mid 20th century. The older we're talking about, the more problems you are likely to find. The surveys that home owners get for residential tracts in new subdivisions are usually very good, given that they were done with modern equipment (usually, but not always). But, no matter how good your equipment is nowadays, if you call relies upon an original patent that wasn't laid out properly, or some partition or division that was done 75 years ago by someone who screwed up, you can end up with calls that don't square up with other tracts.
I don't know what you consider good residential surveys, but the majority of them I have seen, are questionable to say the least, when talking about the boundaries and property lines and how they were established.
These surveys you call good is where I make a lot of money, as an expert witness to resolve conflicts or omissions due to the lack of following proper surveying procedures and practices.
I also disagree with your statement that the older the survey, the more problems you are likely to find. And I'm speaking from over 40 years of surveying experience.
It's a true story, and I am not saying she doesn't bear responsibility. At all. My point was, it happens.fka ftc said:Not doubting your story, but I am quite certain the friend's mom received more than one notice and an opportunity to pay the back taxes. She either got terribly bad advice that the problem was her ex-husband's or she just thought she could get away forever not paying it.Rex Racer said:
That will happen. I had a friend whose mother's house was auctioned off because she didn't pay the taxes. She thought her ex-husband was paying them, but he wasn't.
Its been a while since I looked at it, but the "person who pays the back taxes gets to keep the property" is a bit misleading. There is a process by which someone can pay those taxes and eventually acquire ownership - but it is a process.
This is not near the problem this thread is making it out to be.