Can a TX Adverse Possession be signed and filed by a 3rd-unrelated party to heirship property?
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Can a TX Adverse Possession be signed and filed by a 3rd-unrelated party to heirship property?
104 acre heirship property in Texas. A family member resides in care of on heirship property. A third party unrelated to our family signed and filed an affidavit of adverse possession claim which states the family member residing on the heirship property fulfills all requirements of ownershipthough many have been proven erroneous. The third party is not saying they are adversely possessing our families heirship property themselves. The family member living on the property did not sign the adverse possession document, Is this legal with the facts that 1 the family member living on the estate is an heir, 2 resides on the estate in care ofthough many other heirs contribute to taxes each year, and 3 the family member residing on the estate did not herself sign or file the adverse possession document but it was rather signed and filed by a third unrelated party.
Asked on December 18, 2018 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, a third party may not assert adverse possession for or on behalf of another person. Only the person claiming adverse possession may assert it, either directly (i.e. "pro se") or through their attorney (since lawyers may, of course, file legal documents for on behalf of their clients). Such an affidvavit or claim filed by a non-lawyer third party on behalf of another is invalid.
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