Do You Own a Property You Pay Back Taxes on in Texas?

(Longview, Texas) - The good ole internet. It is a place that is full of knowledge, fun, social interaction and a whole bunch of bologna, too. It is too easy to find information from a bogus source that sounds so real, many believe it to be. That's a dangerous road to travel because it can lead to some situations where someone thinks they own something because they did a something. In the case of land ownership in Texas, some believe that paying back taxes on a property makes it theirs.

True or False? Does Paying Back Taxes on a Property You Don't Own in Texas Make it Yours?

That's a great question. In short, that answer is no. But according to KHOU, there are videos online that say you can take over a piece of property by paying the back taxes. So what actually happens when someone hasn't paid the taxes on a piece of property? It's a complicated process. Your local tax office will send you a notice that the taxes haven't been paid. If those taxes are not paid by a certain date, it is considered late. That's when penalties and collection costs start adding up.

If the taxes, penalties and collection costs are not paid by a certain date, the property can be foreclosed and then auctioned off. The thing is, depending on the circumstances, this process could take years. Even if years have past, the property owner can pay the back taxes, penalties and collection costs before the property is auctioned and the matter is closed.

You'll Waste Your Money and the Property Owner Will Move On

So no, if you see a piece of property you really want and notice that the taxes haven't been paid on it, you can't just pay the taxes and it's yours. You're more than welcome to pay the back taxes but all it does is benefit the current owner. Chances are pretty good you won't get the thousands of dollars back you just paid when you realize your mistake.

But what about a piece of land that appears to be abandoned? Well that's a whole other matter which is even more complicated than above. But in Texas, you technically can claim abandoned land as your own but there is a very, an extremely long, process to make it happen. It can take several years, or even a couple of decades, to make that land officially yours on a deed or in land records.

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What You Need to Do, It's A LOT

In Texas, it's called Adverse Possession and there is a lot you have to do to be successful in the process:

Gather all legal documents associated with the property - This increases your chances of proving the current land owner has abandoned the property.
Build a fence around the property - It can't be barbed wire or some kind of decorative fence, it would need to be a fence that wouldn't let anyone else onto the property or even be able to see the property from the road.
Pay the property taxes on the land - Even if the owner is paying the taxes, you can do this but it WILL NOT guarantee you can take possession of the land.
Make improvements to the property - This could include building a house or even as simple as planting a garden.
Obtain a "color of title" for the property - You would need a real estate lawyer for this as the wording would need to be exactly right to be valid.
Know how long you have to possess the land - Depending on what you do with the land or how things are filed, it can take anywhere from 3 to 25 years to complete the process.
Hire a real estate lawyer - They will know all the legal in and outs to properly take possession of the land.
Serve the land owner - You must be able to obtain the address of the land owner to properly serve them court papers.
Draft "trespass to try title" - This is basically a petition to file in court showing what you have done to lay claim to the land.
File your petition with the proper county clerk's office - If this is done wrong, you'll have to start all over wasting possibly years of time.
Have photo evidence of your adverse possession - This just gives you a better foundation in court at your attempt to possess the land.
Make sure you are in court - You need to be in court to prove in person to the judge everything you have done to possess the land. Otherwise, the judge can throw it all out and everything you've done is wasted.

Wow, that's a lot. It is. And to be frank, you, the person trying to possess the land, has a very small chance of winning. Everything has to be done perfectly and by the book for the land possessor to win. The whole process can take from 3 years to 25 years to complete. You would need to really put in the work if you wanted to take possession of a piece of abandoned property. But if done correctly, and you are patient, it can be done.

SOURCE: wikihow.com