Repudiation By Co-Tenant Can Be Established As A Matter Of Law

Wednesday, December 27, 2017 9:28 am
Land Use Law Report, Volume 46, Number 1

A family proved ownership through adverse possession by occupying the property for fifty years, redeeming the property from a tax lien, and only allowing extended family onto the property by invitation.

Facts: The Fields-Francis family has owned several tracts of land in Bexar County, Texas since 1919. Two of those tracts---Tract 1 and Tract 2---were involved in the following case.

Tract 1: Edward Francis Senior (Edward Sr.) moved onto Tract 1 after his mother died in 1952. He surrounded the property with a fence whose gate was always locked when he and his wife were not at home; none of his other family members had the key. Edward Sr. lived on Tract 1 until his death in 1993, and his wife continued to live on the tract until her death in 2003.

Tract 2: Edward Sr. acquired Tract 2 in 1986 after the extended family divided a larger parcel of land. He rented the tract to a tenant and kept a receipt book that documented all of the rental payments. In 1993, Edward Sr.’s daughter, Georgia, moved onto Trac[..]