Abandonded Lots with Dangerous Trees that Can Fall on my House

[rye_knower]

Jurisdiction

Texas

I own a home in a Texas community where there are many tall pine trees all around. Next to my house there are two lots (equaling roughly 1.5 acres) that are full of brush and pine trees (no house). There are several dead trees that will soon fall on my fence and shed and one tall dead pine tree that would easily reach my house if it were to fall that direction. One tree fell several years ago and damaged my fence and I had to clean it up.

The owner on file died about 14 years ago (confirmed by obituary), but the taxes were still being paid for years mostly under his name and sometimes his sons name. The owner had a wife that died about 8 years ago (confirmed by obituary), but the taxes were still being paid up until about 3 years ago. There is no record of anyone else having owned the property since the owners death 14 years ago. Nobody visits the property.

I tried sending letters for 3 years to all the sons known addresses (home and business), I've called all know phone numbers, and I've traveled to all business addresses. I've received no response to letters, the phone numbers were disconnected or unresponsive, and the business locations were abandoned. However, he did recently start a website and stated they will now be an online only company and it has recent updates. Therefore, I emailed the business and still have received no response. He also updated his home address, which I sent a letter to, but again no response. In my correspondence I let him know about the trees and offered to purchase the property so I could have them remove.

My question is: Would it be a better strategy to pay the taxes for 5 years, clean up the property, then make an adverse possession claim or have a lawyer threaten to file a lawsuit for current and future damages to my property?

The son is not technically the owner on paper so I wasn't sure if the latter would even fly. I've seen images of his house. It's a nice brick home in a nice community so I assume he has money. I doubt he has property insurance on these lots though.

 

[welkin]

The owner on file died about 14 years ago (confirmed by obituary), but the taxes were still being paid for years mostly under his name and sometimes his sons name. The owner had a wife that died about 8 years ago (confirmed by obituary), but the taxes were still being paid up until about 3 years ago. There is no record of anyone else having owned the property since the owners death 14 years ago. Nobody visits the property.

My question is: Would it be a better strategy to pay the taxes for 5 years, clean up the property, then make an adverse possession claim or have a lawyer threaten to file a lawsuit for current and future damages to my property?

If the property taxes are being paid by a presumptive or possible heir, you couldn't claim adverse possession by paying the taxes because you don't have a claim of right and you don't occupy the property or make adverse use of the property.

While you have informed the sons of the impending danger of the dead trees numerus times, they have knowledge of the potential danger if they are not taken down and should the dead trees damage your property or home, you would have a claim to file in court.

Talk to a lawyer about a cease-and-desist letter pending a potential lawsuit if damage does happen.

 

[adjusterjack]

There is no record of anyone else having owned the property since the owners death 14 years ago.

You haven't specified whether you have checked the county property records to see of the ownership has changed.

If it hasn't, check the probate court records to see if the estate has been probated.

If the son is not the actual owner, a lawyer letter isn't likely to change things.

 

[rye_knower]

If the property taxes are being paid by a presumptive or possible heir, you couldn't claim adverse possession by paying the taxes because you don't have a claim of right and you don't occupy the property or make adverse use of the property.

The owner on file died about 14 years ago (confirmed by obituary), but the taxes were still being paid for years mostly under his name and sometimes his sons name. The owner had a wife that died about 8 years ago (confirmed by obituary), but the taxes were still being paid up until about 3 years ago. There is no record of anyone else having owned the property since the owners death 14 years ago. Nobody visits the property.

While you have informed the sons of the impending danger of the dead trees numerus times, they have knowledge of the potential danger if they are not taken down and should the dead trees damage your property or home, you would have a claim to file in court.

Talk to a lawyer about a cease-and-desist letter pending a potential lawsuit if damage does happen.

The son is not technically the owner on paper so I wasn't sure if the latter would even fly. I've seen images of his house. It's a nice brick home in a nice community so I assume he has money. I doubt he has property insurance on these lots though.

 

[rye_knower]

You haven't specified whether you have checked the county property records to see of the ownership has changed.

If it hasn't, check the probate court records to see if the estate has been probated.

If the son is not the actual owner, a lawyer letter isn't likely to change things.

I checked at the said property's local county clerks office and his dead father is on file as the owner. I also searched the county clerks e-documents websites for the county of his last home address and there are lots of documents associated with his dead father from 1950's-2008, but no probate documents.

 

[welkin]

Texas does not have a set time for a property tax sale. It could be one, two, or three years in the arrears. Once a property is listed for tax sale, the owner has up to 2 years to pay the taxes and redeem the certificate.

I repeat, that you cannot claim property by adverse possession simply by paying the taxes. You must be occupying the property in some way or making use of the property in addition to paying the taxes to make a claim.

If the taxes are not being paid and there is a tax sale auction scheduled, you are free to bid on the property. Read the Texas tax sale statute.

 

[rye_knower]

Texas does not have a set time for a property tax sale. It could be one, two, or three years in the arrears. Once a property is listed for tax sale, the owner has up to 2 years to pay the taxes and redeem the certificate.

I spoke with the county attorney six months ago and she said they won't foreclose for a minimum of 5 years. She said the value of the property is too low to mess with. However, I know of other properties nearby that haven't been foreclosed on and the taxes haven't been paid in over 15 years. If it does go to foreclosure though, there is a HUGE chance I will not get the property.

I repeat, that you cannot claim property by adverse possession simply by paying the taxes. You must be occupying the property in some way or making use of the property in addition to paying the taxes to make a claim.

I understand that "Would it be a better strategy to pay the taxes for 5 years, clean up the property, then make an adverse possession claim..."

I could have been more clear though by stating that I would also remove our dividing fence and maybe install a shed of some type. Perhaps install a fence around the entirety of our properties. That is if I find out definitively the property has been abandoned.

I also understand that if someone does own the property and I take the time to clean it/pay the taxes, they can claim it before the 5 years and say "thank you for paying the taxes and cleaning the property".

It's a gamble, I know.

Also, if he doesn't claim ownership of the property and a rotten tree does fall on my house before foreclosure of the lots, I will have to eat the cost of repairing my home.

I have taken pictures of the trees and plan on sending the son one more certified letter with verification (along with photos).

I'm open to all other suggestions, though.

 

[rye_knower]

I appreciate the comments and help.

 

[rye_knower]

One more thing I forgot to mention. The cost of removing the trees may very well be more than the property is worth. Might be a reason for him not to claim the property.