If squatters in Texas are on my land Can make a consumer s complaint to the Txas attorney General?

Question

I contacted a attorney who is representing other members of the family who had no knowledge of the squatters on the property. However the Land rep for a Energy co. wrote and sent a contract to be signed for a lease of the mineral rights. My husband and I are on a fixed income, the Attorney wants 4000.00 retainers fee and 200.00 dollars an hour.

I do not believe the squatters followed legal procedure to steal my property. Does any one know where I might obtain a book on the laws in Texas regarding the rights of squatters. The property has been in my family since before the civil war. The taxes have been paid.
Please help!

Landlord · Accepted Answer

Texas bearly recognizing squatters rights.  It is a very tough state to steal land in.

Here is the law regarding adverse possession in Texas:
§ 16.025.  ADVERSE POSSESSION:  FIVE-YEAR LIMITATIONS 
PERIOD.  (a)  A person must bring suit not later than five years 
after the day the cause of action accrues to recover real property 
held in peaceable and adverse possession by another who:
		(1)  cultivates, uses, or enjoys the property;                                
		(2)  pays applicable taxes on the property;  and                              
		(3)  claims the property under a duly registered deed.                        
	(b)  This section does not apply to a claim based on a forged 
deed or a deed executed under a forged power of attorney.


It does not sound like items 2 and 3 have been met, they need a recorded deed and they have to have been paying the property tax.

Mr Placid · Answer

It's unclear what you are asking for exactly.  Are some "squatters" suing you to quiet title to the property, or what?

But, just FYI, the passage that the above answerer cited is the statute of limitations when a "squatter" is claiming land under color of title.

A separate statute, 16.027, allows a "squatter" to quiet title after 25 years, regardless of whether property taxes were paid, or a deed recorded.

If you are being sued by these "squatters" to quiet title, you'd better go hire that attorney.  My guess is that $4000 + $200/hr is miniscule compared to what the energy company is willing to pay for the mineral rights.

hanora · Answer

I think this could be complicated.  Title to land does not always come with mineral rights, that can be a separate thing decided by the state.
This really isn't squatting or adverse possession, this sounds like who has the rights to exploit the resources (including gas and oil) underlying the property.  Check out the mineral rights, if your family has held the property that long it could be a bit fuzzy.

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If squatters in Texas are on my land Can make a consumer s complaint to the Txas attorney General?

3 Answers