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How do i take custody of land when someone refuses to let go

San Antonio, TX |

i have already been to probate and probate was denied on this other person and recently i got a judgement declaring heirs and oreder of no administration, there is a mobile home recently put there and all i want is my land

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Attorney answers 3


Your question spawns many more, and it sounds like you're going to need much more than what a response on this forum can give you. Judging by your inquiry, you've either used an attorney previously or it's way past the time to get one involved. Whichever the case, I would not suggest that you try to resolve this issue without some actual professional guidance.

The fact that a probate application of some sort was denied, and that an heirship judgment with no administration was obtained tells me that there's a significant backstory here that we aren't privvy to yet.

If I had to guess, and it's all I can do, you are one of the decedent's heirs. Another person -- possibly also an heir -- attempted to seek the admission of a Will and/or their appointment as the Estate's representative. Neither of those happened if you have an heirship judgment and an Order that no administration is necessary. It's starting to sound like that latter part of the equation (no administration) might not have been the best move, if there is property belonging to someone else that needs to be removed, land that needs to be divided, or (heavens) someone that needs to be evicted from land that does not belong to them.

Given the previous procedural steps taken here, I'm betting that the situation has resulted in something of a standoff. You aren't very likely going to resolve it by yourself. I realize that you didn't come here only to be told that you need an attorney, but you really do need an attorney to finalize things. Trying to handle it yourself will waste your time, your money and may not even work.

This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.


I agree with the previous answer. There can be a lot of ramifications to co-ownership.

However, the ultimate way to resolve the ownership issue (in Texas) is to bring a trespass to try title action in the district court.. That will determine the ultimate ownership of the property.

If it turns out that you are a co-owner, and you want "your land," in Texas you would bring an action to partition the land. If determined that the land cannot be partitioned in a meaningful way, then the result is to partition by sale and division of the proceeds according to the respective ownership interests. When the property is offered for sale, if you want to keep the land you will have to be the high bidder. In effect, this is a process where you can force the co-owners to sell.


I agree with both previous answers. Without additional details, it is impossible to tell you exactly how to proceed, but it is clear that you may be headed for a dispute. An attorney would be able to guide you through this sticky situation and maximize your odds for the best result.

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