[Milton Miteybad]

As always, from the news reports on a legal issue it is impossible to understand all the facts.

As a Texas land title lawyer, there are several types of adverse possession, and it is not an “obscure law.” Depending on whether he obtained a written document of title, pays taxes, uses and possesses the property, title by adverse possession can become vested in as little as 3 years and as much as 25 years of actual possession.

I would say the record owner of this house could bring eviction proceedings immediately and get this guy out.


As I understand the article, this fellow wants to avail himself of the provisions of the three-year statute. As I recall, he'll need to be able to show the court some kind of regular chain of title, or color of title, plus prove his peaceable, open and notorious occupancy of the premises for a period of three years without contest by the record title owner.

He apparently filed an instrument with the Denton County Clerk costing $16.00 in filing fees. That sounds like a one or two page instrument.

A forged deed might well be one or two pages. But if this fellow filed a forged deed and he wants to perfect an adverse possession claim under said forgery, I believe the statutory period for that is ten years, not three.

I'm with you, though...I think the successors of the bankrupt mortgage concern are probably going to respond to this guy by filing suit within the three year period. It's not like the interest held by the defunct mortgage company just disappeared...they have some successors somewhere. I'm pretty sure this squatter will be hearing from them at some point, given this publicity.

[Prokopton]

I'm with you, though...I think the successors of the bankrupt mortgage concern are probably going to respond to this guy by filing suit within the three year period. It's not like the interest held by the defunct mortgage company just disappeared...they have some successors somewhere. I'm pretty sure this squatter will be hearing from them at some point, given this publicity.

My take also. This reminds me of the threads (where I was attacked on a regular basis) about how all of the people who didn't pay there mortgage would now own there homes free and clear because someone in a law firm signed for someone else. It's more a fantasy then reality.