Squatters Rights-this is unreal (Howe: real estate, house, neighborhood)

[getmeoutofhere]

Lol at padcrasher. Great way to open yourself to civil liability.

[skids929]

Originally Posted by padcrasher

If it were me trying to get him out I'd wait till he leaves, pack up all his items, and put them in a storage facility, bring in your own personal effects, and change the locks, remain at that location, and have some paperwork showing rightful ownership.

This "possession is 9/10 ths of the law" truism works both ways. I've had to do it several times with tenants with whom the lengthy eviction process was out of the question.

The police show up. You claim he now abandoned the property except for some junk. Show them your paperwork. And give him the key to the storage unit with two weeks to move it or it goes in the trash.

He has no trespassing signs up, he covered that base already. Don't think it would work out that way.

[padcrasher]

Originally Posted by skids929

He has no trespassing signs up, he covered that base already. Don't think it would work out that way.

The police don't get into that. They don't want to hear anything about trespassing signs that no longer exist. No investigator is coming out. They want to know who is occupying the house? Do your keys fit the lock? Are your personal effects in the house? Yes? ... They'll advise the guy just what they said eariier. It's a civil matter, go tell it to a Judge.

[padcrasher]

Originally Posted by getmeoutofhere

Lol at padcrasher. Great way to open yourself to civil liability.

Anybody can you sue you for anything.

The question is...do they have a case? Do they have the means to pursue a case? Do they have standing to sue? Can they prove their claims?

When somebody is occupying your property costing you thousands per Month, with a lengthy, costly court case going to extend that squatting for 1 year or more.

You'd get creative as well. I've been there. It was a slam dunk in both cases. They came back and the house was vacant, locks changed, utilities in my name.

Their crap in a storage facility a mile away. They griped and moaned to the police. I claimed they abandoned the property. That was the end of it.

[hamiltonpl]

This guy is just at the beginning of the adverse possession process -- and he significantly misunderstands the law on this subject. Unless he has a somewhat legitimate deed (like a quitclaim) he will need to be there for 10 years before he can have title to the property. It doesn't matter if the property is mortgaged. Once the owner tells an adverse possessor to leave, that time period begins again. It is very unlikely he will be able to pull this off for 10 years.

Since the identity of the owner is in doubt, and mortgage companies have shown such pitiful records, I see why he would take the risk -- because the owner is the only one who can tell him to leave. Once the true owner shows up, he can start eviction proceedings and get the Sheriff to remove him from the property.

Here are the adverse possession laws for Texas:

Sec. 16.024 - The Three-Year Statute
A person [i.e., the original owner] must bring suit to recover real property held by another in peaceable and adverse possession under title or color title not later than three years after the day the cause of action accrues.

Under this section, the possessor must have title (i.e., a deed as part of a regular chain of title) or “color of title,” which refers to a claim of title that has some reasonable basis but for some legitimate reason does not fit within the usual chain of title. So, the possessor must be able to produce some conveyance/title paperwork to support his claim if he is to assert adverse possession.

Sec. 16.025 - The Five-Year Statute
(a) A person [i.e., the original owner] must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:

(1) cultivates, uses, or enjoys the property;
(2) pays applicable taxes on the property; and
(3) claims the property under a duly registered deed.

(b) This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney.

Under this five-year statute, some sort of deed of record is still required.

Sec. 16.026 - The Ten-Year Statute (Nicknamed the “Bare Possession Statute”)
(a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

(b) Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.

(c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor’s claim extends to the boundaries specified in the instrument.

[getmeoutofhere]

Originally Posted by padcrasher

Anybody can you sue you for anything.

The question is...do they have a case? Do they have the means to pursue a case? Do they have standing to sue? Can they prove their claims?

When somebody is occupying your property costing you thousands per Month, with a lengthy, costly court case going to extend that squatting for 1 year or more.

You'd get creative as well. I've been there. It was a slam dunk in both cases. They came back and the house was vacant, locks changed, utilities in my name.

Their crap in a storage facility a mile away. They griped and moaned to the police. I claimed they abandoned the property. That was the end of it.

That's not the end of it. What you did was illegal. They just didn't pursue it.

[ETex2]

I think the threat of a "lengthy and costly court case" is a bluff. If this squatter wants to pursue this, HE will have some hefty legal fees as well. This could be pretty cheap when compared with the value of the house, to the rightful owner.

Just because a mortgage co. goes out of business, doesn't mean that there are no rightful owners. Someone insured that loan or took over the assets of the bank or mortgage co.. Leaving a home vacant doesn't mean it's been abandoned.

[padcrasher]

Originally Posted by getmeoutofhere

That's not the end of it. What you did was illegal. They just didn't pursue it.

Exactly. It was a calculated risk and I won the bet. It was illegal, but I don't consider it unethical or immoral to take back what is rightfully yours.

[padcrasher]

Originally Posted by ETex2

I think the threat of a "lengthy and costly court case" is a bluff. If this squatter wants to pursue this, HE will have some hefty legal fees as well. This could be pretty cheap when compared with the value of the house, to the rightful owner.

Just because a mortgage co. goes out of business, doesn't mean that there are no rightful owners. Someone insured that loan or took over the assets of the bank or mortgage co.. Leaving a home vacant doesn't mean it's been abandoned.

As far as that goes. I know in these instances where there is no lease and people are claiming ownership...that just can't go to the Justice of the Peace like you can under a rental agreement to get an eviction. You must get a lawyer and it goes into the State court system and it takes a lot longer.

[Westerner92]

Your screen name takes on a quite literal meaning now, padcrasher!