loosing my home due to**************

[coachgeo]

What is the name of your state (only U.S. law)? TX- County Grayson

Bought land from gentleman. Land was special deeded to me. Done this way cause land fell into more of Adverse Possession property at the back end of his property. Similar piece of this same strip of land was sold same way to another gent in 2004. Seller wrote easement into deed to access land across his property.

Deed is recorded. Not long after, his property went into foreclosure. His land and home w/easement on it sold. New owner(s) (buyer who then flipped it and new owner) claim easement was wiped out by sell, This makes it land locked. Also claims that my property is not mine.... says land belongs to no one as it has for last 20+ years by not believing the adverse posession point. Will not respect easement, considers me trespassing, and I says I must move everything.

I have home and shipping container for storage/shop and other items there. I have been cut off to any access. locked gates now in place.

Have tried to kindly work something out. Neighbor has offered easement across his land to access the original easement in a way that should be more appealing to new land owner but so far new owner not interested.

My biz is below water line and sinking in this economy... I have no funds left. Sold everything to try to float her. Can't loose my home too.

NEED HELP

Anyone got a suggestion for a a lawyer that does probono work​

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[TigerD]

Monday go talk to a local attorney. Make it the first thing you do.

DC

 

[coachgeo]

Monday go talk to a local attorney. Make it the first thing you do.

DC

Would have done that month or so ago if I had any funds. I have ZERO funds for an attorney. Should have just said that straight up instead of hinting at it with comments of my biz below water and selling everything to try to float it.

Anyone got a suggestion for a a lawyer that does probono work​

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[nextwife]

Have you reviewed your Owners Title policy to see if the easement is shown of record and if access is insured?

 

[coachgeo]

Have you reviewed your Owners Title policy to see if the easement is shown of record and if access is insured?

no title agent was involved in the transaction thus no title insurance.

I have copy of deed from county records with easment recorded.

Anyone got a suggestion for a a lawyer that does probono work​

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[154NH773]

Done this way cause land fell into more of Adverse Possession property at the back end of his property.

Can you explain this a little more? Was all of the property you purchased from him claimed by him to be his by adverse possession? Did he ever get a ruling from a court that the property was his by adverse possession?

Also, do you live in the home on "your" property? What are you doing right now for a place to live, if you say you can't access your property?

My 2 cents: This is a civil matter and if it was me I'd cut the locks, open the gates, and let him take me to court. However; without a lawyer, you will have a difficult time in court.

Also claims that my property is not mine.... says land belongs to no one as it has for last 20+ years by not believing the adverse posession point. Will not respect easement, considers me trespassing, and I says I must move everything.

This statement would seem to be an acknowledgement by your neighbor that he doesn't claim ownership of your property, so why would he tell you to move anything?

Depending on your answers to the above questions, you may have to claim adverse possession of the land you purchased. See the information on the link below, but I advise talking to a lawyer.
http://www.ntxe-news.com/artman/publish/article_34056.shtml

 

[coachgeo]

Can you explain this a little more? Was all of the property you purchased from him claimed by him to be his by adverse possession? Did he ever get a ruling from a court that the property was his by adverse possession?

he never got a court order on the adverse posession cause no one ever questioned it including when he sold a portion of that track previously in 2004. Also he didnt have a court order claim done because he felt by Homestead rulings you do not have to. I do have a copy of some material that supports this point.

Also, do you live in the home on "your" property? What are you doing right now for a place to live, if you say you can't access your property?

Yes I have a home on the propery. Mostly I am sleeping on the floor of my biz. I do this often anyway cause the commute to the home (a log cabin) is far and my work hours long.

There is huge chance I will loose my biz and the hundreds of thousands I have invested in it. So if I loose this biz..... and my home...

My 2 cents: This is a civil matter and if it was me I'd cut the locks, open the gates, and let him take me to court. However; without a lawyer, you will have a difficult time in court.

Anyone got a suggestion for a a lawyer that does probono work​

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[154NH773]

New owner(s) (buyer who then flipped it and new owner) claim easement was wiped out by sell,

Depends on the easement wording. Unless it specifically states that the easement expires upon the sale, or some other circumstance,the easement is probably appurtanent to the property and runs with the land (meaning it does not expire).

The fact that your neighbor doesn't believe you actually own your property does not allow him to deny rights granted to you by the previous owner of his property.

 

[coachgeo]

...The fact that your neighbor doesn't believe you actually own your property does not allow him to deny rights granted to you by the previous owner of his property.

Understand you but he believes the an attorney hired by first buyer who wrote up a legal opinoun that says I do not own it. I say Legal Opinioun cause no judge has signed off on it. Till that happens my understanding is it is just an opinion. I am waiting a copy of this to be sent to me. Im curious if it says anything about adverse posession etc. Previous owner used that land for 20 years.

What I do not know is if this opinioun is written by a lawyer who will write up anything that sounds good to the favor of client paying the buks for it, even if it wont hold up in court... or if he/she is the type who will Never write it up a smoke and mirror that he/she is confident it wont hold up in court or lastely will write one but give the client some measure of odds if it will or will not hold up in court.

No one ever said anything to me till property was 2 days away from the sell from guy who bought it in forclosure to guy who he flipped it to. Had no clue it had been bought in forclusure either. Neither did former owner. Odds are only reason anyone said anything to me at all is cause I went out to do maintainance work on the property and the guy flipping it was there and approached me "screaming LEAVE, your tresspassing, I hired lawyers to prove.... move all your stuff by next week".

Well he sold it before next week was up... and thru back doors I knew that was what would happen so I delayed so I could talk to new owner he flipped it to cause he sounded to be a bit more reasonable of a fellow by neighbors who had met him.

So far... he has a better personality but he is sticking with the views of the fellow who flipped him the land. Mostly I assume due to this legal opinioun docuement.

Anyone got a suggestion for a a lawyer that does probono work​

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[coachgeo]

...This statement would seem to be an acknowledgement by your neighbor that he doesn't claim ownership of your property, so why would he tell you to move anything?

Depending on your answers to the above questions, you may have to claim adverse possession of the land you purchased. See the information on the link below, but I advise talking to a lawyer.
North Texas e-News

about moving stuff. Said he was giving me a "window" to allow him to tresspass his property to move my stuff. After that will not allow access. That was the flipper. The new owner is little more logical but still wants it moved.

I have read many artilces on Adverse posession that states same as the link you gave. Man who sold it to me had use of it for nearly 20 years so it passes the 10 year rule.

 

[coachgeo]

Depends on the easement wording. Unless it specifically states that the easement expires upon the sale, or some other circumstance,the easement is probably appurtanent to the property and runs with the land (meaning it does not expire)....

nope no circumstances. Agree with you in everyway.... BUTT.. if the Adverse Posession right to sell it is killed.... then no claim to property is valid by former owner which means I think that deed with easment written on it then becomes void.

This is why Im waiting on the legal opinioun written by flippers attorney. Im guessing this is the angle they approached it by the way the flipper worded his statement "the easement is voided" "previous owner did not own land to sell it" etc.

hard to say... Im guessing there is attorneys out there that will write up an opinion that is knowingly smoke and mirrors to scare you while others wont. Have no clue if this opinoun is written by someone who would do smoke and mirror pieces or not.

Anyone got a suggestion for a a lawyer that does probono work​

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[154NH773]

if the Adverse Posession right to sell it is killed.... then no claim to property is valid by former owner which means I think that deed with easment written on it then becomes void.

That's questionable. You were given a deed for property that also contains an easement across another piece of property. The easement was granted by the owner of the property across which the easement passes. Whether that easement becomes void would be a question for a court. Be reminded, that if you do own your property, or can successfully claim adverse possession, then you cannot be landlocked.
As noted, this can be a complicated problem for which you will probably require legal assistance.

Who is claiming ownership of your property other than yourself? If no one, then I would take immediate steps to claim the property, however that must be done in Texas.

Have you paid taxes on the property? Who is shown on the tax rolls as the owner?

 

[coachgeo]

... Be reminded, that if you do own your property, or can successfully claim adverse possession, then you cannot be landlocked....
Who is claiming ownership of your property other than yourself? If no one, then I would take immediate steps to claim the property, however that must be done in Texas.

no one else claims ownership. I have only had it for one year so I can not claim adverse posession. Person who sold it to me, as far as I can tell.... made claim by selling it to me.

Have you paid taxes on the property? Who is shown on the tax rolls as the owner?

no one is on the tax rolls as the owner and no one has ever paid taxes on it. It has been on Surveys as a plot of land owned by no one for around 30 years. I'll be happy to pay taxes for the year my deed say's I've owned it.

Anyone got a suggestion for a a lawyer that does probono work​

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[154NH773]

You must quickly follow whatever process is in effect in TX or your County to claim the property.
My brother-in-law claimed undeeded property in New Jersey by following a local process. You should do it before someone else does. Maybe all you have to do is pay the taxes, although it's unlikely to be the only thing you will have to do.

I have only had it for one year so I can not claim adverse posession. Person who sold it to me, as far as I can tell.... made claim by selling it to me.

Texas allows tacking (adverse possession limit satisfied by multiple claiments), but whether you qualify is a question you should ask a lawyer. Don't count on pro bono help, especially if you have assets (business).

 

[coachgeo]

...Don't count on pro bono help, especially if you have assets (business).

Business is an LLC which should seperate it totaly from my personal. That is why 99% of the time one should always do LLC's.

Well thats how it's set up to go in a liablility situation like a law suit involving biz... you can only sue the biz and not dig into personal assets "(L)iability is (L)imited to (C)ompany". If it works backward.... not sure.... "personal legal/fincial things" can't go to business to look for assets???

I can not claim adverse posession by any stretch of the laws. The man who sold it to me can. He had use of it for twenty + years.

I can NOT get a lawyer... Im BROKE and sinking finacialy... that is not an option I have