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Old 05-05-2009, 02:28 PM
1 posts, read 3,144 times
Reputation: 10


15 years ago, I sold some land. The lawyer that drew up the agreement was the one that wanted the property. I did not know until recently that he changed what we agreed on. He was suppose to just get 17 acres but according to the deed, he took 46 acres.I did not know that the taxes had not been changed out of my name so I have still been paying taxes all of these years on the property I sold. He has since died. His family has the property. Is there any way that I can claim part of it since I have paid taxes on it for 15 years?

Last edited by 2goldens; 05-05-2009 at 07:37 PM.. Reason: Moved from Alabama forum
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Old 05-05-2009, 08:11 PM
Location: Rural Central Texas
3,631 posts, read 9,744,278 times
Reputation: 5500
That is a good question, and one I cannot specifically answer. In Texas, the answer is no. In Alabama the answer might be different, but I kinda doubt it.

The logic is as follows:

Under Texas laws, the parties to a contract are expected to be fully aware of the details of the agreement. The fact that you were not is your burden and not addressable by law.

Acquisition of property through payment of taxes is possible IF the taxes are in arrears and the property is offered at tax sale for back taxes. Payment of these taxes transfers the property into the ownership of the person paying the taxes, BUT the delinquent owner can redeem the property within a specified period of time by reimbursing the person that paid the tax and the property must then be reverted back to the owner prior to the tax sale.

Since you have been paying all along and the property is not in arrears and not up for tax sale, you have simply been gifting these monies unknowingly to your lawyer.

His family thanks you and wishes you the best, but you do not have any case for redeeming the property after this period of time.
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Old 03-14-2010, 07:44 PM
69,360 posts, read 58,532,886 times
Reputation: 9372
I realise this posting is old.. but I just seen it and thought I would chime in.. to the OP: Research taking reposession of the title by "adverse possession".. Every state has different number of years one must pay taxes in order to make a possession claim, but they range from 5-15 years...
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