The dispute centers on a house along Lyons Avenue, where Arthur and Koffey Smith moved in nearly three years ago. The couple claims they are in the process of gaining ownership through adverse possession and have filed a lawsuit against the city to stop demolition efforts.
The Smiths say they moved into the home in February 2023 because they needed a place to live. Since then, they have filed court documents asserting adverse possession, a legal process by which someone can acquire ownership of abandoned property under certain conditions.
City officials, however, have deemed the house dangerous and unlivable and have posted numerous notices on the home.
Arthur Smith disputes that assessment, saying the city's warning notices are illegal.
"This says the building is in violation of the dangerous building ordinance," Smith said.
When asked if he thinks the structure is dangerous, Smith said, "No, we don't. We've been here for 36 months."
The Smiths insist they are not squatters and argue that the city's records incorrectly label the home as vacant.
"It says right here the structure at 4225 Lyons Avenue is a vacant and unsecured structure," Koffey Smith said. "That is false information. Our home is not vacant."
Despite their claims, city records show the property is still owned by the estate of a woman who died in 2012.
Real estate attorney Dennis McQueen, who is not involved in this property dispute, reviewed the court filings and says Texas law generally requires someone to live on a property for at least 10 years and meet specific legal requirements before they can successfully claim adverse possession.
"Squatters are adverse possessing a property," McQueen explained. "The key is you have to adverse possess a certain number of years and take certain actions before you can claim title to the property."
On Tuesday, the Smiths went to City Hall to plead their case directly before Mayor John Whitmire and the Houston City Council. The exchange grew tense as Smith accused the Mayor and city officials of various misdeeds.
"We're not going to resolve it today," Whitmire told Smith. "Listen to your lawyers."
"I'm representing myself," Smith responded.
The next step in the legal battle is a Court of Appeals hearing scheduled for March. It remains unclear whether the City of Houston will proceed with demolition before that hearing.
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