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Adverse possessor is renting manufactured home in my land

Discussion in 'Adverse Possession' started by Jessica McG, Aug 12, 2020.

  1. Jessica McG

    Jessica McG Law Topic Starter New Member

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    Jurisdiction:
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    Long story sort: The squatter took me (owner) to District court to try title and lost, took it to appeals and was denied, asked for en banc rehearing and normal rehearing and was denied. Now she is going to supreme court. She is por-se. When she looses how can I remove the mobile home that is housing renters off my land?


    The JP court told me I can't evict the renters because its not my Mobile home even though it's installed on my land. I feel stuck. Even though title issues will be cleared.


    I was advised that once dismissed at supreme court, the manufactured home may then be declared abandoned and removed if not done so by the owner: Sec. 1201.217. MANUFACTURED HOME ABANDONED.

    I read that section but not sure if this section of the law applies to me because of the renters. Thank you for the help.
     
  2. army judge

    army judge Super Moderator

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    I think you mean she is acting "pro-se".

    Before I can begin to answer your question, I need to know who placed the mobile home on your property?

    When was the MH placed on your property?

    Is their a lease allowing the MH to be placed on your property?

    Was the MH on the property when you purchased same?

    True, but you can have the MH removed from your property, which also removes the squatters.

    However, Texas has enacted some very unique laws regarding mobile homes.
    I suggest you speak to a lawyer in your county that has knowledge of said laws.
    Why?
    As you've seen, the squatter is bleeding you to death.
    Only you and a lawyer can stop her/him/it from bleeding you dry.

    You're right, the law(s) impact the OWNER of the mobile home.

    That is one against whom you must direct your legal fire.
     
  3. Jessica McG

    Jessica McG Law Topic Starter New Member

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    The mobile home was placed by the squatter. The home was placed in 1997 and I purchased the land in 2011 via tax sale. That is why I have been in litigation. There was never a lease.

    Now I find myself stuck and trying to figure out the next step. I realize that I can't do anything until the Supreme Court is finished. Then at that time I have to get the mobile home removed.

    Ok, so i need to leave the renters alone and figure out how to remove the mobile home.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Why wait 9 years to address the removal of the MH?

    There must be more to this story.
     
  5. army judge

    army judge Super Moderator

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    Think about this, if you can LEGALLY remove the garbage can, you also legally remove the garbage.
     
  6. army judge

    army judge Super Moderator

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    That is precisely what occurred to me.

    After the most recent response from our OP, I'm thinking about "adverse possession".

    Adverse possession operates to give title of real property owned by another to the adverse possessor if certain conditions are met and if the rightful owner does not file suit in a timely fashion.

    The Amarillo Court of Appeals (in 2014) issued an opinion that outlines the law of adverse possession in Texas. In Wells v. Johnson, the Court analyzed an adverse possession claim with regard to ranch land used for grazing cattle and hunting and set forth the standards applicable in these situations. Although lengthy and complex, landowners should be aware of the law of adverse possession in order to protect their interests.

    The entire legal opinion: http://www.search.txcourts.gov/Sear....CurrentWebState.CurrentCourt + @"&DT=Opinion

    In order to acquire title to property by adverse possession, a party must prove six elements by preponderance of the evidence: (1) visible appropriation and possession of the property; (2) that is open and notorious; (3) that is peaceable; (4) under a claim of right; (5) that is adverse and hostile to the claim of the owner; and (6) that is consistent and continuous for the duration of the statutory period.

    Under Texas law, there are five different types of adverse possession, each having different requirements and a different statutory period under the Texas Civil Practice and Remedies Code:

    Three year statute of limitations (16.024). Actions brought to recover property held by another in peaceable and adverse possession under tittle or color of title must be brought no later than 3 years after the action accrues.

    Five year statute of limitations (16.025). Actions to recover real property held in peaceable and adverse possession by another who cultivates, uses and enjoys the property, pays applicable taxes on the property, and claims the property under a duly registered deed must be filed within 5 years after the action accrues.

    Ten year statute of limitations (16.026). A person must bring suit within 10 years of accrual of the claim to recover property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

    Twenty-five year statute of limitations (16.027). A person, even under legal disability, must bring suit within 25 years of accrual of the claim to recover property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

    Twenty-five year statute of limitations (16.028). A person, even under legal disability, must bring suit within 25 years of accrual of the claim to recover property held in peaceable and adverse possession by another who holds the property in good faith and under a deed or other instrument purporting to convey the property that is recorded in the county.

    If the mobile home appeared on the real property in 1997 (now owned by our OP), adverse possession will trouble the waters.

    The MH has been on the property for at least 23 years.

    Adverse possession might change the entire landscape of what appeared to be a simple, landlord-tenant dispute.

    The MH might be sitting on land that the squatter owns, or could own, if he/she sought the proper remedy under law.
     
  7. welkin

    welkin Member

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    If the supreme court takes the case and she does not get the ruling overturned, you file a lawsuit for trespass and ejectment of the MH off your property.

    Since she has lost in district court and the applet court, the issue of adverse possession is probably already decided and would be a moot point.
     
  8. Jessica McG

    Jessica McG Law Topic Starter New Member

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    The original squatter lived in the mobile home. I left out of the country for 2 years and when I returned she had installed renters. The renters have been there since 2017
     
  9. Jessica McG

    Jessica McG Law Topic Starter New Member

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    Yes, the issue of the title ownership will be cleared since the lawsuit was for try title.
    However, I was told by JP I can't evict a MH (only people are evicted). The squatter lives elsewhere (can't evict her) and the renters she installed I can't evict them.

    Maybe eviction is not the route? of course I am not sure. I think perhaps a lawsuit for unjust enrichment and restitution. God I don't know what to think any more.
     
  10. army judge

    army judge Super Moderator

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    Talk to a local lawyer (heck, talk to a couple), see what remedies might exist, and what liabilities might be lurking that you know nothing about.
    The initial consultation is generally at no charge to you.
     
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  11. welkin

    welkin Member

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    A lawsuit for trespass and ejectment is not an eviction or unlawful detainer .
     
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