there is something called adverse possession in our legal system, I wonder if it would apply in this case...
Basically adverse possession is when a person squats on some property and over time no effort is made to remove him, he eventually gains the right to stay...
The guy according to the article has been living on the property for almost 3 decades, that seems a pretty long time before deciding to do something now..
This is a problem we have on Texas timber farms as well. People think that just because the landowner can't find them hidden on the property and run them off, they get to stay. In my county, a defined property line or fence row takes care of the problem.
Most places, 15 years of “open and notorious use” qualifies for a claim of ownership by adverse possession.It appears the property was sold to a second owner, so maybe the squatter should have made his claim prior to that. But I haven’t done the case research to see whether that’s an issue.
My thought also.
Alan Dershowitz where are you?
Below is some wording on Adverse Possession in Texas. It would seem that Lidstone shot himself in the foot on # 1.
The Libs and do gooders need to hire a lawyer and litigate Lidstone’s “rights”. Potentially, he does have a claim on the grounds of Adverse Possession.
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..........FINDLAWLEARN ABOUT THE LAWSTATE LAWSTEXAS LAWTEXAS ADVERSE POSSESSION LAWS
Texas Adverse Possession Laws
Created by FindLaw’s team of legal writers and editors | Last updated September 28, 2017
It seems a bit counter-intuitive, but under the legal theory of adverse possession, if someone trespasses onto land continuously and improves the land over a period of time, title to the land may eventually pass to the trespasser. Adverse possession laws are intended to promote the productive use and maintenance of the land and discourage letting land go to waste. In general, to obtain title to land through adverse possession, a trespasser must satisfy four requirements:
He or she must enter or use the land without the permission of the owner;
He or she must actually be present on the land, as well as treating and using it as if it were his or her own;
He or she must use the land in an open and obvious way; and
He or she must use the land for a continuous period of time, without sharing possession with others (unless it would constitute adverse possession by tenants in common).
To give an example, someone who publicly inhabits a foreclosed house for a certain period of time, improves the property, and pays taxes may claim legal residence. In Texas, the landowner has 25 years in which to challenge the claim — and then title passes to the trespasser.
Learn more about Texas adverse possession laws and related matters below.