A casual observation after reading one of the most entertaining threads in a while.
A misclosure of 0.1' in a metes and bounds description, is the very least of your problems.
Just because I'm paranoid, doesn't mean they aren't out to get me.
Naked possession under 10-year statute
> Someone must have made him cry.
LOL. Actually, the poster is intent on spending money pursuing a worthless claim of adverse possession of a room within a house owned by a women to whom he admits he gave money and performed other services. I assume that we don't need to ask whether he had his own roof that he separately maintained, do we? Likewise, need we inquire whether he had his own separate electrical, HVAC or plumbing systems?
Where the entertaining part of his deposition will be is when asked at what point in his tenancy of the house he made the owner know that he intended to steal the room he was occupying and to deny that she and the mortgage company to whom she had conveyed the property in trust were the rightful owners of it.
As a legal footnote, it is possible that the poster isn't aware of what the term "naked possession" really means under the 10-year statute. In Satterwhite v. Rosser, 61 Tex. 166, 171 (Tex. 1884), the Texas Supreme Court addressed the standard required for the adverse claimant who relies only upon “naked possession” as follows: “It is well settled, that, where a party relies upon naked possession alone as the foundation for his adverse claim, it must be such an actual occupancy as the law recognizes as sufficient, if persisted in for a long enough period of time, to cut off the true owner’s right of recovery. It has been said that such possession must not only be actual, but also visible, continuous, notorious, distinct, hostile (i.e., adverse), and of such a character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant.”
In other words, walking around in one's jockey shorts would not quality.
Well since you appear to be the only real A*#hole I've encountered here, I guess I'm having a pretty good day!
> Nah, he's not practicing surveying without a license. To whom has he offered his services? And for what fee?
>
He has offered the services to himself. The isn't a fee per se since he is his client. This is no different than if he went and located his pins and built a fence according to said found pins. True, it doesn't take a rocket surgeon to find pins, but the fact that he located them and built a structure according to said pins is the profession of surveying. Sure, it happens all the time, but if one or more pins were not found and the structure is wrong he's still at fault. There is a fine line that we are walking concerning practicing surveying without a license. There are many things at play, but the main thing is that he is his own client and benefiting from the services he is providing himself, regardless of the fee charged.
All I can tell by the info that you proffered is that you have no legal right (intestate succession) to the house except for some type of ‘squatters rights’ associated with an adverse possession claim.
Most state laws involving ‘inheritance claims are favorable to a living relative so whatever your opinion of the sister...it looks like that she thinks she has a legal to toehold on the property.
Like others have stated… to claim that posters here, do not know AP as well as yourself is either very pompous or misguided. That summoned my comment that wasn't as graceful as other posters have responded.
As others have posted, your claim of adverse possession is nebulous or non-existent for AP requirements. Statutory period? What about the utilities? Electric? Hv/Ac?
Yes, anyone can write a title description. Some of the best that I have seen were done by legal assistants and secretaries. Of course, these description were based on a boundary survey performed by a professional/registered land surveyor.
But some of the worse have been by jacklegs, landscape architects, engineers and others who thought it wasn’t “brain surgery”. There have been books written on the subject that surveyors have read and studied like Gordon Wattles for example. But I guess that you are more qualified….
Have you consulted with a professional land surveyor? If so, Did that lead you to posting here?
Have you consulted an attorney?
Good luck.. remember to descibe your basis of bearings and do show that acreage to the xx.xxx or square feet to the xxxx.xxxx decimal place.
Do it right, because someday some land surveyor is going to have to follow your description. Oh boy…
And you're the clown everyone seems to have so much respect for around here? You babble a bunch of nonsense about a subject you obviously know very little about and certainly don't know enough about the specifics then, once called on it, you resort, as most frauds, to ad hominem attacks and insults like "we don't need to ask whether he had his own roof that he separately maintained, do we?". Shall I assume that your adoring fans here will applaud that response as well.
I didn't post here needing advice on adverse possession nor sought it. If I were, I certainly wouldn't seek it from the likes of you.
[flash width=560 height=315]//www.youtube.com/v/FsqJFIJ5lLs?version=3&hl=en_US[/flash]
> And you're the clown everyone seems to have so much respect for around here?
Yes, it mystifies me, also. The point is that simply giving an affidavit to the effect that at some time in the past you took possession of a room in a house gets you zero beyond possibly a lawsuit for slander of title. What you will need to show are the acts that you performed that meet the strict legal tests of the 10-year statute and that conclusively distinguish your possession from that of the tenant that you would otherwise appear to have been.
Jud, why don't you tell us how you really feel? 😉
Naked possession under 10-year statute
> Actually, the poster is intent on spending money pursuing a worthless claim of adverse possession of a room within a house owned by a women to whom he admits he gave money and performed other services.
I would bet that most every surveyor here, is aware of cases where the claimant spends more money on legal fees than the property is worth and seems to think that a survey is too expensive, or they don't need a surveyor's expertise. (But between you and me, I think that once he chases that 0.1 foot down, he has this case by the you-know-whats)
"notorious"....that means that if you ask anyone in the general area "Who owns those three rooms in that house? They'll all say that "good-ole hardassets does - everyone knows that". (Not that he just occupies it, because that could mean anything but that he is the sole exclusive owner of it.)
> And you're the clown everyone seems to have so much respect for around here? You babble a bunch of nonsense about a subject you obviously know very little about and certainly don't know enough about the specifics then, once called on it, you resort, as most frauds, to ad hominem attacks and insults like "we don't need to ask whether he had his own roof that he separately maintained, do we?". Shall I assume that your adoring fans here will applaud that response as well.
>
> I didn't post here needing advice on adverse possession nor sought it. If I were, I certainly wouldn't seek it from the likes of you.
As to quote from someone earlier:
"You're using ad hominem attacks and name calling rather than presenting any type of intelligent discussion, it's a tell for being a complete asshat!"
I'm no fanboy of Kent, but I do respect his knowledge of the subject that he is trying to inform you on. I suggest you take whatever useful information you deem relevant and be on your way brother.
> Well since you appear to be the only real A*#hole I've encountered here, I guess I'm having a pretty good day!
I guess so. I'm glad you made new friends, and I'll try to work on my attitude. 🙂
I understand that as well as the additional steps that must be taken to establish a chain of title. Obviously, these are matters that will have to be decided in court and I welcome that opportunity. I don't know if I will prevail or not and that honestly is not my primary concern. My guess is that the judge will eventually force a sale of the house with a portion of the proceeds going to me rather than any type of subdivision. I do however need to provide the best description I can and that is why I approached this forum. Again....it's not going to matter that much in the long run whether I win or lose this case. I'm going to be retiring to my beach property and fishing most of the time anyway.
Famous Quotes
"James T. Kirk: [Stepping aboard the bridge as its official captain] Bones! Buckle up!"
"Scotty: I like this ship! You know, it's exciting!"
"Christopher Pike: All power to forward shields. Prepare to fire all weapons!"
Tom - you are a steadfast and level-headed surveyor. :good:
Damn! If I had known surveyors had this much fun and were this entertaining, I might have become one! I'm assuming the anal cantankerous attitude described earlier can be developed over time or does one need that before even considering surveying as a profession?
> Damn! If I had known surveyors had this much fun and were this entertaining, I might have become one! I'm assuming the anal cantankerous attitude described earlier can be developed over time or does one need that before even considering surveying as a profession?
It is almost a prerequisite that ripens with age. I have only been aging mine as a surveyor for 46 years. It isn't yet fully matured.
B-)
I think I'll just disagree with you on this concept. He can't be his own client, and eh can't offer services to himself unless I'm missing some mental issue that has him conversing with himself.
I've been around the block enough (35 years) to know surveying when I see it. The gentleman is simply trying to get a plan together to make a claim. I don't see where he's filing any plans that other surveyors are going to rely upon. If you can record unstamped plans in Texas then that may be a different story.
Regardless, whatever he prepares will establish the intent, and will have to be acted upon by a judge.
Where's the harm here? And how is it any different than a homeowner setting some pins for property they want to convey?
My only comment....Surveyors know a lot more about land law issues, etc. than lawyers know about surveying issues.
John Harmon
Little known fact that Alice wrote a song for us back in the day:
"I used to be such a sweet sweet thing till they got ahold of me..."
Good advice treated as pearls before swine - Good luck to you sir, you'll need it.