Consistently, the Courts have required that the cotenant attempting to take full ownership must prove actual or constructive ouster, or repudiation, of his or her fellow cotenants."Because co-tenants to an undivided estate have an equal right to 'enter upon the common...
In a recent case, a plaintiff attempted to rely on her maintenance of a fence that was in place when the parties took ownership of the property as evidence of her open and hostile adverse possession of the property. Texas courts have repeatedly found that maintenance...
How can you avoid a trial by consent in a property tax reimbursement case? In a recent adverse possession case, the plaintiff sought reimbursement for taxes paid and full title to the property from other co-tenants. The Plaintiff testified along the lines that she...
