Stranger moves into foreclosed home citing Texas law

[osoab]

Stranger moves into foreclosed home citing Texas law (http://www.wfaa.com/news/local/Texas-Law-Lets-Stranger-Move-Into-330000-Home-125528248.html)



FLOWER MOUND - A little known Texas law and a foreclosure could have a man in Flower Mound living on easy street.

Flower Mound's Waterford Drive is lined with well-manicured $300,000 homes. So, when a new neighbor moved in without the usual sale, mortgage-paying homeowners had a few questions.

"What paperwork is it and how is it legally binding if he doesn't legally own the house?" said Leigh Lowrie, a neighboring resident. "He just squats there."
Lowrie and her husband said the house down the street was in foreclosure for more than a year and the owner walked away. Then, the mortgage company went out of business.

Apparently, that opened the door for someone to take advantage of the situation. But, Kenneth Robinson said he's no squatter. He said he moved in on June 17 after months of research about a Texas law called "adverse possession."
"This is not a normal process, but it is not a process that is not known," he said. "It's just not known to everybody."

He says an online form he printed out and filed at the Denton County courthouse for $16 gave him rights to the house. The paper says the house was abandoned and he's claiming ownership.

"I added some things here for my own protection," Robinson said.
The house is virtually empty, with just a few pieces of furniture. There is no running water or electricity.

But, Robinson said just by setting up camp in the living room, Texas law gives him exclusive negotiating rights with the original owner. If the owner wants him out, he would have to pay off his massive mortgage debt and the bank would have to file a complicated lawsuit.

Robinson believes because of the cost, neither is likely. The law says if he stays in the house, after three years he can ask the court for the title.
He told News 8 his goal is to eventually have the title of the home and be named the legal owner of the home.

"Absolutely," he said. "I want to be owner of record. At this point, because I possess it, I am the owner."

Robinson posted "no trespassing" signs after neighbors asked police to arrest him for breaking in.

Flower mound officers say they can't remove him from the property because home ownership is a civil matter, not criminal.

Lowrie and her neighbors continue to look for legal ways to get him out. They are talking to the mortgage company, real estate agents and attorneys. They're convinced he broke into the house to take possession, but Robinson told News 8 he found a key and he gained access legally.

"If he wants the house, buy the house like everyone else had to," Lowrie said. "Get the money, buy the house."

Robinson said he's not buying anything. As far as he''s concerned, the $330,000 house is already his and he has the paperwork to prove it.

[Canadian-guerilla]

Adverse Possession in Texas

http://www.lonestarlandlaw.com/Adverse.html

[palani]

The owner is the one who ACTS as if he is the owner.

Pardon the reference to a movie, but in Red River when John Wayne wanted land he took it from the Mexican owner 500 miles away.

You THINK you are buying something with a FRN but you actually do not. What you are doing instead is enticing the previous occupant to relocate by going through a form, procedure or ceremony (called closing) and when the place is vacant you move in and occupy.

ALL HOME SALES ARE BY ADVERSE POSSESSION. Think about it a while.

[osoab]

With neighbors like that, I wonder why the guy would move into the area. ;D

[Son-of-Liberty]

Lots to think about here. I have been mulling over using adverse possession to claim land from the Crown here in Canada. Plenty of crown land that the Crown is not possessing at the moment.

[Canadian-guerilla]

Lots to think about here. I have been mulling over using adverse possession to claim land from the Crown here in Canada. Plenty of crown land that the Crown is not possessing at the moment.

" crown " land is CANADIAN LAND

i wish the .gov would stop with this archaic british monarchy BS

[Son-of-Liberty]

" crown " land is CANADIAN LAND

i wish the .gov would stop with this archaic british monarchy BS

Not really sure what you mean but from what I can tell the land is indeed held by the "Crown"


The majority of all lands in Canada are held by governments on behalf of the monarchy and are called Crown Lands.

the holders of the land actually have land tenure (permission to hold land from the Crown) rather than absolute ownership.[1
http://en.wikipedia.org/wiki/Land_ownership_in_Canada

[Santa]

With neighbors like that, I wonder why the guy would move into the area. ;D

Yeah, Lowrie sucks. None of her business. He/she is a nosey envious little twink helping to grow the police state.

[Son-of-Liberty]

Yeah, Lowrie sucks. None of her business. He/she is a nosey envious little twink helping to grow the police state.

I can understand why someone would be pissed when their new neighboor gets for nothing a piece of property that they mortgaged their life away for. Doesn't give her the right to try and make his life miserable though. She should smarten the fuck up and figure out a way to use the law to her advantage. You know the bankers are.

[willie pete]

the only possible problem that I'd guess might come up around here is; there are county ordinances that prohibit you from living in a dwelling with no water/sewer or electricity

[midnight rambler]

truck in your own water (or drill your own well) and produce your own power

[Son-of-Liberty]

the only possible problem that I'd guess might come up around here is; there are county ordinances that prohibit you from living in a dwelling with no water/sewer or electricity

Think you could make the case in court that the utility companies refused you service so it wasn't like you didn't try to obey the law.

[Canadian-guerilla]

Not really sure what you mean but from what I can tell the land is indeed held by the "Crown"


" Crown " comes from the archaic concept of british ownership of Canada

THE HELL WITH ENGLAND AND THE ( INBRED/INCEST ) ROYAL FAMILY

[Son-of-Liberty]

I agree with your sentiment but how the law actually works here in Canada is another matter.

[willie pete]

Think you could make the case in court that the utility companies refused you service so it wasn't like you didn't try to obey the law.

MAYBE you could get around or get the power co out there to turn on the power, I'm not sure they'd do it, they may only accept the name on the deed....I'm just guessing, and only speaking on what I know about around here, the water would be a problem, the ordinance here says "sanitary nuisance" meaning no way, acceptable, to discard human waste,(you can't dig a hole in your back yard and go crap & pee in it...lol) also no running water on the property, as for digging a well, that's a very nice residentual neighborhood, there are probably by-laws ans ordinances against digging a well in your yard....not arguing here, just speculating on how the municipality would view it....Flower Mound is a nice residential neighborhood just north of Dallas on grapevine lake

http://maps.google.com/maps?q=flower+mound+tx&hl=en&ll=33.014966,-97.097034&spn=0.002051,0.003353&sll=41.890062,12.492549&sspn=0.235133,0.429153&t=h&z=18

[chad]

someone explain to me why when i stay at a resort in ontario, there are 1 set of rules of fishing, but if i camp on the crown land, an entirely different set applies. i can never figure that one out.

[sirgonzo420]

someone explain to me why when i stay at a resort in ontario, there are 1 set of rules of fishing, but if i camp on the crown land, an entirely different set applies. i can never figure that one out.

Different "landlord", different rules.

[midnight rambler]

MAYBE you could get around or get the power co out there to turn on the power, I'm not sure they'd do it, they may only accept the name on the deed....I'm just guessing, and only speaking on what I know about around here, the water would be a problem, the ordinance here says "sanitary nuisance" meaning no way, acceptable, to discard human waste,(you can't dig a hole in your back yard and go crap & pee in it...lol) also no running water on the property, as for digging a well, that's a very nice residentual neighborhood, there are probably by-laws ans ordinances against digging a well in your yard....not arguing here, just speculating on how the municipality would view it....Flower Mound is a nice residential neighborhood just north of Dallas on grapevine lake

http://maps.google.com/maps?q=flower+mound+tx&hl=en&ll=33.014966,-97.097034&spn=0.002051,0.003353&sll=41.890062,12.492549&sspn=0.235133,0.429153&t=h&z=18

put a water tank with a pressure pump on the property, the sewer is already hooked up and they cannot cut it off short of digging it up. There's always the option of using a compost toilet. There's a means of drilling a water well without anyone noticing, it just takes a lot of time and effort (the percussion method).

[Santa]

I can understand why someone would be pissed when their new neighboor gets for nothing a piece of property that they mortgaged their life away for. Doesn't give her the right to try and make his life miserable though. She should smarten the fuck up and figure out a way to use the law to her advantage. You know the bankers are.

From my experience no one resents an escaping slave more than a slave still in chains.

[Ponce]

Those around him are in deep water with their homes and are jelous of him, plain and simple.

First post of the day.............good morning to one and all.

[willie pete]

put a water tank with a pressure pump on the property, the sewer is already hooked up and they cannot cut it off short of digging it up. There's always the option of using a compost toilet. There's a means of drilling a water well without anyone noticing, it just takes a lot of time and effort (the percussion method).


...just not sure a water tank or tower would "fly" in a residentual neighborhood, also it sounds like the neighbors aren't exactly on his side, if he put up a water tank and dug a well (which I'd think would be very difficult to hide)it probably only expedite his removal from the property...and speaking for around here, I doubt a "compost" toilet for human waste would pass....you'd be fined or arrested ( ordinance here states a max fine of $200 & OR 60 days in jail)for a sanitary nusiance

[LastResort]

someone explain to me why when i stay at a resort in ontario, there are 1 set of rules of fishing, but if i camp on the crown land, an entirely different set applies. i can never figure that one out.

Alot of fishing lodges ask they're guests to comply to rules set forth by that lodge so the fishing in that lake stays good to keep customers happy. Nothing to do with the "actual" rules.

[basplaer]

With neighbors like that, I wonder why the guy would move into the area. ;D

He ought to get the land surveyed just to make sure he doesn't need to file an adverse posession claim to some of their property for an easement or some such. Or charge them rent if their driveway or landscaping etc falls within HIS property boundary. That'll silence 'em pretty quick.

[chad]

Alot of fishing lodges ask they're guests to comply to rules set forth by that lodge so the fishing in that lake stays good to keep customers happy. Nothing to do with the "actual" rules.

actually, it is a rule. conservation bag limits are voided on the crown land, and you get a 50% reduction if you are camping with a permit instead of staying a resort. you can be fishing on the same lake even, but if you have a crown land camping permit + are fishing, the conservation license is voided out and you must obey crown land rules.

the only rational explanation i can come up with is that they're trying to increase business for resort owners + funnel tourism dollars to them instead of issue lots of crown land camping permits. dunno though.

[madfranks]

MAYBE you could get around or get the power co out there to turn on the power, I'm not sure they'd do it, they may only accept the name on the deed....

Back when I rented a home no utility company asked for proof of ownership of the home when I tried to turn on utilities in my name. The same for water. All they wanted was a name and the address to bill the services to.

[mick silver]

Those around him are in deep water with their homes and are jelous of him, plain and simple.

First post of the day.............good morning to one and all.

BINGO give him a cookie

[AndreaGail]

I was always under the impression that one claiming adverse possession has to show a clear sign of continuous use of the property, usually quite a number of years

It sounds like he just moved on in

[Joe King]

He's probably bettin' on there not being anyone to take action within that timeframe.

Although I don't see how code enforcement couldn't get him out. In most urban areas I know of, if a "normal" homeowner/renter doesn't have water and electric they will "red tag" the house and declare it unfit for habitation and make them get out, using Constables as their backup.