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Posted: 3/14/2005 2:10:26 PM EST
We are having a modular house built presently. We were supposed to close on a lot today, but apparently the guy who sold it to us made a mistake doing the paper work a while back and it is still technically owned by the remaining family members, he died. The guy who sold it to us can't seem to get the family to sign it over even though he bought it fair and square when it was reclaimed do to the now dead guy not paying his taxes when he was alive.

Didn't ever think I would need a plan B for a lot. In fact we don't really like any other ones. Now the guy has to take the family to court to get them to sign over the land and we can't wait till he gets it the long way. I hate life.
Link Posted: 3/14/2005 2:24:12 PM EST
Just call squaters rights and tell them all to P- Off.

Why don't you try to buy the land from the family members who have the rights, come in and act as the peace maker, so that they can all just wash their hands of the matter.

I really don't know what to tell you.................... but I know I hate when 30 + people read one of my threads and no one responds, so I did.
Link Posted: 3/14/2005 2:32:02 PM EST
Real Estate Attorney.

5 or 6 Hundred bucks.

And you still might not get it, but you'll know exactly where the whole situation stands.

Only other option is to move on and buy another lot.
Link Posted: 3/14/2005 2:34:14 PM EST
No title search?

Lawyer up.

Bigtime.

Link Posted: 3/14/2005 2:34:53 PM EST

Originally Posted By Mr10anahaf:
Just call squaters rights and tell them all to P- Off.

Why don't you try to buy the land from the family members who have the rights, come in and act as the peace maker, so that they can all just wash their hands of the matter.

I really don't know what to tell you.................... but I know I hate when 30 + people read one of my threads and no one responds, so I did.



This ain't Mexico. No such thing as squatter's rights.
Link Posted: 3/14/2005 2:36:07 PM EST
yes there is. It takes 20 years tho.
Link Posted: 3/14/2005 2:38:29 PM EST

Originally Posted By Stormtrooper:
yes there is. It takes 20 years tho.


It's called Adverse Possession and in Tx its only 10 years.
Link Posted: 3/14/2005 2:40:36 PM EST
you are correct sir. Where I am it is 20.
Link Posted: 3/14/2005 2:43:36 PM EST
wow, you're right.

Thats a stupid law.

So much for the rights of property owners.

Lets all sing the internationale now.
Link Posted: 3/14/2005 2:47:44 PM EST
if you own alot of land you never visit, you could have someone using that land regularly, say hunting or camping. and if they do that for a certain period of time they can claim rights to it by adverse posession. Example would be if a farmer uses x amount of acres and you don't mind him doing it, he farms that tract for so many years and you decide you want to build a parking lot on it. He sues you. Its his land now. All you have to do though is catch them once and tell them to stop, thereby breaking time period and restarting the cycle of however many years that is.
Link Posted: 3/14/2005 3:17:19 PM EST

Originally Posted By giacutter:
No title search?

Lawyer up.

Bigtime.




I haven't given him any money. The guy found out he didn't own it when they did the tile search. I guess the guy who didn't pay his taxes died after the new guy bought the lot and so the lot technically went to the family cause there was a mistake in the paperwork and the new owner didn't get the title in his name.

I guess the new guy lawyered up and they met. The lad said she would cooperate, but then wants to read what the papers say so who the hell knows when she will get around to making a decision to sign it over or not.
Link Posted: 3/14/2005 3:29:43 PM EST
[Last Edit: 3/14/2005 3:30:46 PM EST by ZitiForBreakfast]

Originally Posted By giacutter:
No title search?

Lawyer up.

Bigtime.




Not entirely true. If he died after title was pulled, no ones fault.

Check the contracts you signed. It may be that the heirs have to obide by it. Also, do not let the seller charge you back their transfer tax! AND!!! ~ DO NOT allow the title company to charge the builder a sellers policy of only $25-100.00 lets say, then charge you the full amount.

Good luck!

Chris

Link Posted: 3/14/2005 3:32:42 PM EST

Originally Posted By 1Andy2:
wow, you're right.

Thats a stupid law.

So much for the rights of property owners.

Lets all sing the internationale now.



Nah. SSS before they're on your land for 10 years and you have no problems whatsoever.
Link Posted: 3/14/2005 3:32:57 PM EST
[Last Edit: 3/14/2005 3:34:35 PM EST by 4GodandCountry]
Don't feel bad, it's always hard to see those kind of things "COMING".
Link Posted: 3/14/2005 4:14:06 PM EST

Originally Posted By 4GodandCountry:
Don't feel bad, it's always hard to see those kind of things "COMING".



But it is a lot harder for me cause I can't even spell it.
Link Posted: 3/14/2005 4:42:00 PM EST

Originally Posted By enigma2y0u:

Originally Posted By giacutter:
No title search?

Lawyer up.

Bigtime.




I haven't given him any money. The guy found out he didn't own it when they did the tile search. I guess the guy who didn't pay his taxes died after the new guy bought the lot and so the lot technically went to the family cause there was a mistake in the paperwork and the new owner didn't get the title in his name.

I guess the new guy lawyered up and they met. The lad said she would cooperate, but then wants to read what the papers say so who the hell knows when she will get around to making a decision to sign it over or not.



I wouldn't touch this property with a ten foot pole, not for a while. It's the problem of the fella who paid the dead guy, not yours. You could have a situation where each family member sues each other, and the current seller sues everyone including the dead guy's estate. That could tie up the land for years and buy you a whole lot of legal headaches. Unless you really love the property, if it were me, I would move on.

Good luck.
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