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Real estate ownership dispute?

| Nov 25, 2020 | Real Estate |

Is someone challenging the ownership of your property? Would you like to remove a cloud on title or to quiet title? In order to support a quiet title action or trespass to try title on the property you must have proper evidence to support the following required elements (1) you possess an interest in specific property; (2) title to the property is affected by a claim by another party; and (3) the claim, although facially valid, is invalid or unenforceable. If you have the required elements, contact us for a Texas board certified real estate attorney.

According to Section 22.021 in the Texas Property Code if you find that you are not the rightful owner of the property but have possessed the property in good faith and made permanent and valuable improvements to the property you may be (1) entitled to recover the amount by which the estimated value of the defendant’s improvements exceeds the estimated value of the defendant’s use and occupation of and waste or other injury to the property;  or (2) liable for the amount by which the value of the use and occupation of and waste and other injury to the property exceeds the value of the improvements and for costs.

How did you obtain your ownership interest? Did you inherit the property? Is someone claiming adverse possession against your interest? These matters may be resolved through the courts. Sometimes they are resolved through mediation. If you need any legal consultation regarding these questions, do not hesitate to contact us. You may need a judge to provide a judgement on your case.

Section 22.003 in the Texas Property Code states that a final judgment that establishes title or right to possession in an action to recover real property is conclusive against the party from whom the property is recovered and against a person claiming the property through that party by a title that arises after the action is initiated.

If you find yourself needing to challenge the ownership of a property, we invite you to contact a real estate attorney at The Weaver Law Firm. You may contact us at 713-572-4900.

 

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