Can a TX Adverse Possession be signed and filed by a 3rd-unrelated party to heirship property?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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