A Sunnyside family’s legal case ended after a judge dismissed an adverse possession lawsuit involving a house built by their father in the 1940s. The dispute involved a home on Clover Street near Scott, which homeowner Glory Gendrett says her father built several decades ago. She moved out in 2014 following a break-in. Afterward, the property became the subject of a prolonged legal dispute over its ownership.
Judge Tosses Adverse Possession Claim
Court filings state that a man named in the lawsuit as Marquise Busby told the court he had lived in and maintained the property since 2014 and sought legal ownership through adverse possession. He argued that his extended residence on the property without the owner present entitled him to claim the house.
The claim was dismissed after local reporting brought attention to the case and an attorney agreed to represent Gendrett’s family. According to Click2Houston, a judge signed a motion dismissing Busby’s claim. Houston attorney Dennis McQueen, who represented the family, said the court’s ruling clarified the property’s ownership.
Over a month ago, the court issued a final judgment ruling that he has no rights, title, or interest in the property, McQueen said. With the claim dismissed, he added that the family can now attend to past-due property taxes, neighborhood matters, and prepare the house for sale if they choose.
How Adverse Possession Works
Adverse possession is a legal concept that allows a person to seek ownership of a property if they occupy it openly, exclusively, continuously, and without the permission of the true owner for a specified period of time.
In Texas, the required duration and evidence for an adverse possession claim depend on factors such as whether the claimant has “color of title” or has been paying property taxes. Statutory periods commonly range from three to ten years, as noted by Nolo. Because the doctrine relies heavily on specific facts, cases like Gendrett’s often turn on details such as tax records, any permission given, and the visibility of the claimant’s occupation.
New State Rules Give Owners Faster Options
The dispute over the Clover Street house comes as Texas has recently updated rules regarding unauthorized occupants. Lawmakers approved new measures this year designed to provide property owners with a faster process to reclaim their property, bypassing some of the delays associated with traditional eviction cases.
Under Senate Bill 1333, property owners can submit a sworn affidavit to a sheriff or constable requesting the immediate removal of an unauthorized occupant. A related measure, Senate Bill 38, shortens justice court timelines and allows judges to resolve straightforward squatting cases more quickly through a summary process, as reported by the Texas Legislature Online History.
SB 1333 went into effect on September 1, 2025, while SB 38 is scheduled to take effect on January 1, 2026. Legal advocates note that the changes could allow property owners to recover property more quickly, but caution that some tenants might be mistakenly classified as squatters, the Houston Chronicle reports.
What Owners Should Do
Attorneys and legal guides generally provide similar practical advice: monitor any vacant property, stay current on property taxes or act promptly to sell, and seek legal assistance immediately if someone claims to be living on the property without permission.
Not monitoring a property and falling behind on taxes can contribute to the conditions an adverse possessor needs to support a claim. Experts recommend that owners engage paid or pro bono counsel early to respond to any such claim, according to Nolo.
For Gendrett and her family, the dismissal means they retain ownership of the Sunnyside house that has been in their family for generations. The case demonstrates that an unoccupied property with unpaid taxes can become the subject of legal disputes.
