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Terms Used In Texas Property Code 65.003

  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

The occupying co-owner may establish the authority to act as an agent and attorney-in-fact for another co-owner by filing in the office of the county clerk of the county in which the real property is located:
(1) an affidavit of the occupying co-owner affirming the facts described by Sections 65.002(1)-(3);
(2) the affidavits of two additional affiants personally familiar with the co-owner’s occupancy of the real property corroborating the occupancy during the preceding five years; and
(3) a certificate of the tax assessor-collector for the county in which the real property is located affirming that the co-owner has paid all taxes assessed against the real property for the preceding five years without delinquency.