Attorney General Agrees With TLTA's Recommendations in Opinion on County Clerks

By TLTA Staff
Sept. 12, 2017

 
The Attorney General issued an opinion on Tuesday, Sept. 12, regarding the Grayson County Criminal District Attorney's request for an opinion regarding an individual who wished to file an affidavit of adverse possession through her attorney. The issued opinion was consistent with TLTA's submitted recommendations sent to the Attorney General's opinion committee.
 
As Dateline Austin reported on April 6, affidavits of adverse possession are sometimes – but not uniformly – rejected by county clerks because there have been attempts to use them as part of fraudulent activity. Upon learning this, the Grayson County Clerk refused to file an affidavit of adverse possession and sought an Attorney General's opinion on the issue.
 
However, the issued opinion clarified that clerks must accept affidavits of adverse possession and cannot reject them categorically – though the opinion did state that any clerk with actual knowledge or a good faith belief that a filing is fraudulent has a duty to notify the current property owners about the filing of the affidavit.
 
Read the Opinion »
 
Read the Original Request for Opinion »
 
Read TLTA's Recommendations on the Request for Opinion »
 
Read the April 6 Dateline Austin Story on This Issue »