Why wait 9 years to address the removal of the MH?
There must be more to this story.
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.
