Detailed Answer

Short answer: if a current survey and the recorded chain of title show the property was legally conveyed out of your mother’s estate decades ago, you most likely do not own that property and have no legal interest in it—unless there is a legal basis to challenge the conveyance (for example, fraud, forgery, lack of authority by the person who conveyed the property, clerical error in the records, or unresolved probate issues).

How to understand what the survey and records mean

When a survey shows a parcel belongs to someone other than your mother’s estate, that finding is usually paired with title evidence (a deed in the county deed records) that transferred ownership at some earlier date. Texas courts rely on the recorded deeds and the chain of title to determine who holds legal title. A survey by itself shows location and boundaries; ownership is proved by recorded instruments (deeds, probate orders, court decrees, etc.).

Common reasons you might still have a claim

Fraud or forgery in the deed that supposedly conveyed the property.
The person who signed the conveyance lacked authority (for example, an executor exceeded their authority, or someone impersonated an executor).
The conveyance was recorded but should have been part of the probate estate (e.g., probate not properly opened or a transfer required court approval).
Clerical or recording errors: a deed intended for a different parcel was recorded against your mother’s parcel.
Your mother never actually owned clear title (someone else already owned it, or earlier conveyances existed).

Practical consequences

If the deed chain and public records show title passed out of the estate decades ago, practical results include:

You cannot sell or mortgage the property because you don’t hold legal title.
The person or entity listed in the county deed records will be treated as the owner for tax, sale, and possession purposes.
If you had been paying taxes or occupying the land, those facts alone don’t necessarily create ownership unless adverse possession or another legal doctrine applies.

When it’s worth pursuing a legal challenge

Consider further action if you suspect any of the issues listed above (fraud, forgery, lack of authority, or a recording error). Typical legal options in Texas include:

Requesting certified copies of deeds and the probate file. Review the probate case to see what property was administered and how assets were distributed.
Asking a title company to run a full title search and issue a title report or commitment; title companies flag defects that might be cured or litigated.
Consulting a probate or real estate attorney to evaluate whether you have grounds to challenge the conveyance or to bring an action (for example, a suit to set aside a deed obtained by fraud, or a claim in probate court if the transfer should have been handled through probate).
In certain circumstances, pursuing a judicial action to quiet title or to set aside a deed. In Texas, courts provide remedies to clear or cloud title, but success depends on facts, timing, and applicable statutes.

Timing and statute-of-limitations concerns

Decades-old conveyances often run into limitations problems. Texas law places time limits on many claims (for example, claims to set aside a deed for reasons such as fraud, or claims based on adverse possession). Those deadlines can bar relief if you wait too long. Because limitations vary by the type of claim and facts, get legal advice promptly if you think you have a valid challenge.

Relevant Texas law resources

To look up statutes and codes that commonly apply to these situations, visit the official Texas statutes site: https://statutes.capitol.texas.gov/. Helpful code areas include the Texas Estates Code (probate process, estate administration) and the Texas Property Code (title, recording, and real property remedies).

Next practical steps (checklist)

Obtain a certified copy of the recorded deed(s) that the survey references from the county clerk where the land is recorded.
Pull the probate file (if your mother’s estate was probated) to see the inventory and the order distributing property.
Get a full title report from a title company to see the complete chain of title and any recorded liens or claims.
If anything looks incorrect or suspicious, consult a Texas probate or real estate attorney promptly to evaluate possible claims and deadlines.
If you have no legal claim based on the records, recognize that you likely have no right to possession and should stop relying on ownership rights for that parcel.

When to hire a lawyer

Talk to an attorney if you see any of the following:

The deed appears forged or signed by someone who lacked authority.
The probate court never administered a parcel that should have been part of the estate.
You have credible evidence a clerk’s error or recording mistake placed the wrong legal description under your mother’s name.
You face eviction or a third party is asserting ownership and you want to challenge it.

Costs and likely outcomes

Costs vary widely. A title report and document copies are relatively inexpensive. An attorney review may be a moderate cost. Litigation to challenge title can be expensive and may not succeed, especially with old, recorded conveyances and if statutes of limitation apply. An early title company review and short attorney consultation often saves time and money by clarifying whether a claim is plausible.

Final takeaway

If recorded documents and the survey show your mother’s property was conveyed away decades ago, you usually do not have an ownership interest unless you can prove a legal defect in that conveyance. Start by getting the recorded documents and a title report; then consult a Texas probate or real estate attorney promptly if you see anything suspicious or if you want to explore legal remedies.

Helpful Hints

Always obtain certified copies of recorded deeds and the probate file; oral descriptions are not enough.
Get a title report early. It tells you who the recorded owner is and what encumbrances exist.
Keep a timeline of events and copies of every document you collect—dates are critical for statutes of limitation.
If you suspect fraud, preserve original documents and avoid returning property or signing anything without lawyer review.
Contact the county clerk where the land is recorded for document lookups and the probate clerk for estate records.
Ask a local Texas probate or real estate attorney for a short, focused consultation to evaluate viability before spending on litigation.
Remember that occupation and paying taxes do not automatically create ownership in every situation; specialized doctrines like adverse possession have strict rules and time periods.

Disclaimer: This article explains general Texas legal concepts and steps to consider. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Texas attorney.