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Texas Civil Practice & Remedies Code - Section 17.005. Suit Against Unknown Landowner

Legal Research Home > Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 17.005. Suit Against Unknown Landowner

§ 17.005. SUIT AGAINST UNKNOWN LANDOWNER.  (a) A person 
may sue the unknown owner or claimant of an interest in land if:
		(1)  the person bringing suit claims ownership of an 
interest in the land or has a claim or cause of action related to the 
land against the unknown owner or claimant;  and
		(2)  the unknown owner or claimant:                                           
			(A)  takes or holds the beneficial interest under 
a conveyance, lease, or written contract that conveyed an interest 
in the land to a trustee without disclosing the name of the owner of 
the beneficial interest;  or
			(B)  takes or holds the interest of a dissolved 
association, joint-stock company, partnership, or other 
organization under an instrument that did not disclose his name, 
and the organization had acquired the interest under a conveyance, 
lease, or written contract that conveyed the interest to the 
organization in its name without disclosing the names of the 
members, shareholders, partners, or other persons owning an 
interest in the organization.
	(b)  A person may not sue the unknown stockholders of a 
corporation under this section, but if the plaintiff did not know 
that the organization was incorporated and the corporate character 
of the organization was not disclosed in the instrument under which 
title was acquired, the court retains jurisdiction over the unknown 
owners even if the organization was in fact incorporated.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    

Last modified: August 11, 2007