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Old 05-19-2020, 03:22 AM   #1
ekkert03
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Default Dispute over a lot on property

TX

I would like to seek a legal advice regarding in the dispute of a lot property of my late grandpa. My mom is one of the heirs of this lot. This lot is not yet surveyed and subdivided. We built a small house in one portion of the land. And my aunt is claiming that the land where our house built up is her portion. She is now selling her portion and she wants us to remove our house. Do we have the right to refuse? Or can we ask cash for the removal of the house as damages?
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Old 05-19-2020, 09:28 AM   #2
adjusterjack
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Default Re: Dispute over a lot on property

Is the deed still in Grandpa's name?
Has his estate been probated?
Has the deed been transferred into the names of the heirs?
If yes, get a copy and quote, word for word, how it is owned?
Did he leave a will specifying who got what portion?


Bottom line: Unless specifically addressed in the will or on the deed, nobody owns a specific "portion." They own a percentage interest in the entire property.


By the way, there is no "we." This is your Mom's problem and, yes, she can refuse removal of the house and stand up to her sister.


Meantime, Mom should get a lawyer and figure out the answers to all my questions.
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Old 05-19-2020, 03:41 PM   #3
jjo
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Default Re: Dispute over a lot on property

If two or more owners cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more may get out of the property obligation and/or the other(s) may keep it etc.--it is often done--* (This is true in some cases even for equitable owners that have paid various amounts etc., but for various reasons, may not be on title.) You could threaten to take this action if need be. It may cause compromise.
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Old 05-19-2020, 04:06 PM   #4
adjusterjack
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Default Re: Dispute over a lot on property

Quote:
Originally Posted by jjo View Post
If two or more owners cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more may get out of the property obligation and/or the other(s) may keep it etc.--it is often done--* (This is true in some cases even for equitable owners that have paid various amounts etc., but for various reasons, may not be on title.) You could threaten to take this action if need be. It may cause compromise.

That's called a Partition Action.


Expensive and time consuming. Lawyers make a lot of money and the property often ends up being sold at auction for considerably less than market value.


Not a good thing to threaten unless you are fully and financially prepared to go the distance.
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