Adverse possession (legalized theft)

Ownership and Title
1

Recently we discovered that our 10-acre farm tract had been included in a pooled drilling permit application, even though we had never been contacted by anyone to drill on our land. (A family member discovered this on the Texas Railroad Commission website, http://www.rcc.state.tx.us/ which is a great resource for drilling information, if you haven't already heard about it.) It turned out that in October of 2013, a court had granted a default judgement, taking title, because no one from our family showed up to defend our interests!! However, we had never received any notice of this hearing, even though the plaintiff's attorney had both my home and email addresses! We had supposedly been "notified" of the hearing by a public notice that appeared in the Carrizo Springs Javelin for 4 weeks in January 2013.

This may have happened to your family as well. There may also have been other hearings that might have included your land, so I would advise you to look into this. In the last several years, I had been told many times that if I didn't hear from an attorney about a lawsuit that nothing was happening. This clearly is not the case! And don't think that if you're still getting property tax bills from Dimmit County that you still own your land. I just got the bill for 2014!

Our family is planning to fight this thinly-veiled attempt to steal our property out from under us. Which brings me to a request for your help. I would appreciate any information that you can share with me regarding what is/has happened to your land, at your earliest convenience.

2

Jason,

You might want to join the Dimmit County Group and contact Attorney Wade Caldwell(Oil and Gas Attorney). He is a member of the Dimmit County Group and see if he can help you with this problem. I agree with Dave you definitely need an Attorney.

http://www.mineralrightsforum.com/group/eagle-ford-shale-dimmit-cou...

http://www.beclaw.com/core/Attorneys/GWadeCaldwell.asp

Clint Liles

3

You have two years to set aside a default judgment issued based on service by publication, but the sooner the better.

4

There is a lawsuit in Dimmit County Styled "Dixondale Farms, Inc. v The Unknown Heirs, Testamentary Beneficiaries, and/or Assigns, if any of Abbie Southall, Deceased, et al"

This suit was filed in the 365th Judicial District Court as Cause Number 13-04-11947-DVCVAJA

The petition is idnetifying the following tracts in the Bermuda Colony Subdivision with the following names:

The Unknown Heirs, Testamentary Beneficiaries and/or assigns, if any of:

Abbie Southall and J.C. Southall, deceased, Gladys Holwell and W.A. Holwell, deceased

A-150, Survey 2, Farm Tract 21 ("...or any individual claiming an intererest...")

Mary Schrankler Faulkner and Charles Faulkner, if living, or the ...

A-151, Survey 3, Farm Tract 23 ("...or any individual claiming an intererest...")

H.S. Wallace and Tizrah E. Wallace, if living, or the ...

A-151, Survey 3, Farm Tract 26 ("...or any individual claiming an intererest...")

Aline W. Howard, if living,...Lloyd B. Ford and Iris Ford

A-151, Survey 3, 9.245 acres out of Farm Tract 37 ("...or any individual claiming an intererest...")

A-151, Survey 3, Farm Tract 38 ("...or any individual claiming an intererest...")

A-154, Survey 5, Farm Tract 5 ("...or any individual claiming an intererest...")

A-154, Survey 5, Farm Tract 6 ("...or any individual claiming an intererest...")

A-154, Survey 5, Farm Tract 11 ("...or any individual claiming an intererest...")

A-154, Survey 5, Farm Tract 12 ("...or any individual claiming an intererest...")

Based on a search at Courthousedirect.com - Lloyd Ford is deceased and his Will is recorded in Dimmit County at 237/9 on 3/8/1978 and again on 11/6/1990 at 237/09

J.H. Teel and M.A. Teel, Grady Frank Webster, if living,

A-154, Survey 5, Farm Tract 17 ("...or any individual claiming an intererest...")

A-154, Survey 5, Farm Tract 18 ("...or any individual claiming an intererest...")

A-154, Survey 5, Farm Tract 31 ("...or any individual claiming an intererest...")

A-154, Survey 5, Farm Tract 32 ("...or any individual claiming an intererest...")

Based on a search at courhousedirect.com, Grady Frank Webster transferred his interest to Travelers Insurance Company on 10/16/1989 recorded at 227/3833. Betty Teel, Herbert D Teel et ux and Mary Jane Hatch Webster, unknown if shthey are related to this, have production in Dimmit County and their mailing addresses can be found at county appraisal district website.

Zea Holt Jacobson, if living, ...

A-155, Survey 6, Farm Tract 1 ("...or any individual claiming an intererest...")

A-155, Survey 6, Farm Tract 2 ("...or any individual claiming an intererest...")

Based on a search at courhousedirect.com, as well as other internet searches, Zea Holt Jacobson may have died 12/11/1980 but Zea Holt Jacobson is owner of record of real property in Dimmit County and thus her address can be found from the county appraisal website

Clarence L. Burchell, if living...

A-155,Survey 6, Farm Tract 27 ("...or any individual claiming an intererest...")

W. E. Holt and Lena Wise Holt, if living...

A-155,Survey 6, Farm Tract 32 ("...or any individual claiming an intererest...")

Based on a search at courhousedirect.com, Tanya Ann Holt entered into an oil and gas lease with Crimson Exploration Operating Inc for Tract 32, A-155 dated 5/1/2014 and recorded at 518/292, and Craig Walter Holt entered into an oil and gas lease with Crimson Exploration Operating Inc for A-155 on 5/1/2014 recorded at 516/826.

H.J. Hanker, if living... (I think this owner is actually "Harker" but mistyped in the petition)

A-154, Srvey 5, Farm Tract 63 ("...or any individual claiming an intererest...")

Oscar Denev, if living...

A-154, Survey 5, Farm Tract 21 ("...or any individual claiming an intererest...")

A-154, Survey 5, Farm Tract 22 ("...or any individual claiming an intererest...")

A-154, Survey 5, Farm Tract 27 ("...or any individual claiming an intererest...")

A-154, Survey 5, Farm Tract 28 ("...or any individual claiming an intererest...")

Robbie Gill, if living,...

A-155, Survey 6, Farm Tract 9 ("...or any individual claiming an intererest...")

E.H. Higby, if living,...Louanna Higby...

A-151, Survey 3, Farm Tract 57 ("...or any individual claiming an intererest...")

A-151, Survey 3, Farm Tract 58 ("...or any individual claiming an intererest...")

Mrs. C.H. Montgomery and Lelia Thompson, if living,...

A-150, Survey 2, Farm Tract 26 ("...or any individual claiming an intererest...")

Mrs. C. H. Montgomery is listed as a real property owner in Dimmit County with an address in Chandler, AZ

Nancy M. Montgomery is shown as a mineral owner with an address in Bandera, TX (not sure if she is a part of this) She (Nancy McGill Montogmery, also ratified an oil and gas lease with Chesapeake on 8/29/10 recorded at466/588

Lulu Mae Prigee, if living,... (I think this should be "Priggee" who might also be known as "I G Mitchell, a widdow")

A-151, Survey 3, Farm Tract 25 ("...or any individual claiming an intererest...")

Winafred Strawderman, deceased, and Heber L. Peters, if living, ...

A-155, Survey 6, Farm Tract 25 ("...or any individual claiming an intererest...")

There are many "Peters" shown as owner of minerals in Dimmit County. Not sure if they are a part of this or not.


Stephen Hartman Olson, Alice Ann Olson, Albert E. Olson, Jr., Elizabeth O. Lower, Frances K. Roberts, Individually, if living,...and various trusts

A-150, Survey 2, Farm Tract 7 ("...or any individual claiming an intererest...")

per appraisal district, these people have producing minerals and can be found. Susan Marie Olson. In addion many have recorded mineral leases and those documents, if pulled, would likely show addresses.

I believe this is approximately 290 acres (29 tracts of 10 acres) for which notice was by publication and I have been forced to incur legal costs to defend my portion in some of these tracts due to the language "...or any individual claiming an interest..."

I looks to me like some of these people or the heirs can be located by 1) looking at the tax records whereby they have other producing minerals, and 2) looking in the county filings.

If you are one of these people impacted and you would like to share legal costs with me, let me know.

I am not sure how thorough the search was before the suit was publsihed.

5

Does this mean that one's title to their land may be "stolen" because they didn't read the public notice in the local newspaper? With the electronic age, newspapers may be becoming a thing of the past, as stories get stale quickly and yesterday's news becomes irrelevant almost instantly.

Why hasn't this law been amended to keep up with these electronic times?

I certainly hope you go after those "scoundrels" and get your property back.

Good luck,

Pat

6

Thanks to all for the positive feedback.

7

I think that this is best summed up by Chief Justice Oliver Wendell Holmes who critically admonished a young lawyer before his court. "You came here looking for justice. This is not a court of justice. This is a court of law."

The US legal system, though imperfect in many cases, is still the best one out there.

Is the legal system abused to the advantage of the knowledgeable? Of course it is. Can you buy justice? Of course you can. It starts with buying the best legal talent out there, or conflicting them out. Prior to an impending divorce, I advised a friend of mine to consult with all family law attorneys of any stature in her county and the surrounding counties concerning representation. Conflict out the competitive talent. Step one. Know the law.

Are other systems abused in this country? Yes, when we quit calling it a welfare system and started called it entitlements. There are absolute pros working that system to their advantage.

My point, if there really is one, is that to debate the justice of a situation is irrelevant. Like I tell my kids, "It's not fair is not an argument, it is an opinion."

IMHO, Mr. Greatorex has moved from a legal issue to a business problem and should be treated as such. The business problem is wrapped in legal issues, but it is still a business problem. When you do not exercise dominion and control over your land for years and years, then you place yourself at great risk.

There are some things that only a lawyer can do. This is one of them.

A cynic is someone that when they smell flowers, looks for a funeral. This is not an issue of justice or cynicism. This is an issue of practicalities.

Best

Buddy Cotten

8

Dear Pat,

There may be more than one local paper in a county. The one to subscribe to is the official journal for the county and read the legal notices in that one. Official journals are bid out each year.

Concerning stolen, the adverse possession statutes read pretty easily, but have complex rules. which must be followed precisely. If the property was stolen, then there would be a criminal burglary charge, not a trespass to try title suit.

The property was not lost because the county journal was not read and a default judgement was entered. It was lost because dominion, possession and control against the claims of all others was not exercised. The judgment just confirmed the title and removed the cloud. The judgment may not be final as of yet, but there is a strong headwind at this point.

Not knowing Mr. Greatorex's situation, was the claim based on the 25 year statute? It's hard to defend against 25 year acquisitive possession.

If his situation is like others in the area, the rancher has a fence surrounding the ranch and interior fences dividing pastures. There are stock tanks and catch pens with loading and squeeze chutes throughout the ranch. The 10 acre tract is located inside the fenced in area. Other 10 acre tracts are there, too. There are no trespassing signs. This has been a continuously working cattle ranch for 50 years. There is a locked gate. If the ranch foreman spots someone out there, he confronts them and escorts them off. That is called an ouster. This is exercising possession, dominion and control against the claims of all others. Title to the ranch was transferred several times to various entities over the years. The descriptions in the conveyances did not less and except the 10 acre tracts, therefore the claim was hostile to the 10 acre tracts and was open and notorious. Property taxes were paid annually.

Here is a short article:

http://www.farrensmith.com/real-estate/adverse-possession/adverse-p...

Although some might think that I support the plaintiffs in the suit, I do not. I am just evermore the pragmatist.

Buddy

Ms. Pat Malone said:

Does this mean that one's title to their land may be "stolen" because they didn't read the public notice in the local newspaper? With the electronic age, newspapers may be becoming a thing of the past, as stories get stale quickly and yesterday's news becomes irrelevant almost instantly.