Adverse Possession in Texas

Whether you’re claiming adverse possession rights or defending against a claim, our experienced attorneys provide skilled representation to protect your property interests under Texas law.

What is Adverse Possession in Texas?

Adverse possession is a legal process that allows someone to gain ownership of property they do not originally own by meeting specific legal requirements. Governed by the Texas Civil Practices & Remedies Code, Section 16.021, et seq., adverse possession occurs when an individual takes possession of property and uses it in a way that is “actual, visible, and hostile” to the ownership claims of the rightful owner. To establish a claim, the court evaluates whether the property was possessed openly, exclusively, and continuously for the statutory period required under Texas law.

Examples of Adverse Possession in Texas

Adverse possession claims often arise in the following scenarios:

1. Unfenced Property
   If a person openly uses an unfenced property that is not marked as private, they may establish ownership through adverse possession. For instance, regularly using the land for farming, grazing, or other visible purposes can strengthen a claim.

2. Using a Neighbor’s Land
   Building a structure, such as a shed or fence, or using part of a neighbor’s land (e.g., for a driveway or garden) for an extended period can lead to adverse possession if the use is consistent, open, and without permission.

3. Abandoned Property
   When property is left abandoned by the original owner, someone else may take possession and maintain the property. Continuous and visible use over the required time can support an adverse possession claim.

4. Boundary Disputes or Errors
   If a person builds on or uses land they mistakenly believe to be theirs, adverse possession may allow them to claim ownership of that portion after fulfilling the statutory requirements.

Time Requirements for Adverse Possession in Texas

Under Texas law, there are different statutory periods for adverse possession claims, ranging from 3 to 25 years, depending on the circumstances. Below is an overview:

3-Year Adverse Possession

Per Section 16.024, a claim under the three-year statute requires:

• A valid title or “color of title,” such as a deed in a chain of title.
• Legal action initiated by the original owner within three years of the claim arising.
  Documentation like deeds or title records is essential for success under this statute.

5-Year Adverse Possession

Under Section 16.025, the five-year statute requires the claimant to:

• Use, cultivate, or enjoy the property continuously.
• Pay property taxes during the statutory period.
• Hold a properly recorded deed (excluding forged or invalid deeds).

10-Year Adverse Possession

The 10-year statute, detailed in Section 16.026, allows claims based on “bare possession,” meaning no deed or title is required. Requirements include:

• Continuous possession of up to 160 acres (or more if fenced).
• Visible and exclusive use of the land, such as farming, building structures, or maintaining the property.

25-Year Adverse Possession

Sections 16.027 and 16.028 govern less common 25-year claims, which may apply:

• Regardless of legal impediments to ownership.
• Even if the title document supporting the claim is invalid on its face.

Why Understanding Adverse Possession Matters

Adverse possession claims in Texas can be complex, requiring a detailed understanding of property law and strict adherence to legal procedures. For landowners, these claims underscore the importance of protecting property through regular inspections and maintaining accurate boundaries. For claimants, fulfilling all statutory requirements is essential for successfully acquiring ownership rights.

If you are considering an adverse possession claim or defending against one, consulting with an experienced Texas real estate attorney is critical to protecting your property rights.