Real Estate: Texas/Land ownership rights
In June 2007, my Aunt purchased 0.37 acres of land from a widow in northeast Texas. The widow has 4 adult children and all were present at the time of the sale and deed signing. My aunt drew up all the paper work and the widow, my aunt and uncle signed it and then filed the bill of sale and warranty deed. My husband and I purchased the same land from my aunt in 2010. The same paper work process was done when we purchased it. We are now in the process of trying to place a home on the property and a title company did a search and discovered that the widow's 4 adult children have an undivided one-half interest in the land. This information was not disclosed at the time of sale to my aunt nor to my husband and I. I have done some research and found that the oldest of the children filed an Affidavit of Heirship a year after the land was sold to my aunt ( affidavit was filed in Aug 2008). The affidavit says that the oldest child filed it and has only her signature. The title company told us that we need to have all 4 children sign their half of the land over to us in order for us to proceed with our home plans. I have found someone who is related to the children who offered to help contact them and get this problem resolved, but they were told by the oldest child not to disclose any of their contact information to me so that I could contact them about the situation. What do I need to do to resolve this issue so that we can proceed with our home plans. I do not wish or want to have a home placed on land that I do not own solely. Thank you in advance for any help you can offer us.
I'm very sorry for the delay in responding.
The widow's 4 adult children may still own that interest and if there is any question then I would not want to build on that property either. Your option is to either contact them and obtain their signatures on the document or you could file a "quiet title action" in the District Court of the County.
This will get their attention.
You have several "warranties" that go with the sale of the property. If the widow sold the property indicating that she was the sole owner of the property and they were aware of the sale and didn't do or say anything to correct the situation then you can file suit against the widow (which will get their attention) for breach of the warranty convenants. A good explanation is:
You will want to contact and contract with a real estate attorney in the area to get this resolved since you have been mislead in this instance.
Hope all goes well.