Landowners want property divided

by Kelly Holleran |
Nov. 20, 2011, 10:00am

Two Port Neches landowners claim a third co-owner has not been paying his share of the property taxes.

Jack Richie Frost and Diana Lynn Frost filed a petition for partition of real property Nov. 15 in Jefferson County District Court against Walter Paul Armand.

In their petition, the Frosts allege they and Armand own undivided land in Jefferson County, Each person owns one-third of the land, but the land is not divided in set sections to them, according to the complaint.

The present value of the Frosts' portion of the land is estimated to be about $13,800 and they have paid $5,110.97 in taxes on the property since 1996, the suit states. In addition, they have incurred $5,500 for care, upkeep and costs in maintaining the land, the complaint says. The Frosts say Armand has not helped them with tax or upkeep payments.

"Accordingly, Plaintiff request recovery of a pro rata share of such expenditures and enhancements from the other cotenants, or, alternatively, that the value of such contribution be award to Plaintiffs by allocating land of a proportionately higher value upon the partition in kind," the suit states.

In their petition, the Frosts are asking the court to determine each party's share in the land and to rule that the land is subject to partition. In addition, they are asking the court to appoint three people to divide the land, to issue a writ of petition, to rule Armand as liable for paying one-third of the already paid property taxes and maintenance costs and to award them costs, interest and other relief the court deems just.

P. Dean Brinkley and Alicia K. Hall of Chambers, Templeton and Brinkley in Beaumont will be representing them.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A191-349

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