How Long Does Adverse Possession Take?

The amount of time required to claim ownership through adverse possession in Texas depends on specific circumstances. The law sets different timeframes based on whether the claimant has a deed, pays property taxes, or simply occupies the land.

Four Different Time Periods for Adverse Possession in Texas

1. The 3-Year Rule

● This applies only when the claimant has a legal document, such as a deed, that mistakenly grants them ownership of the land.

● The document must be valid on its face, even if it contains an error.

● If the claimant occupies the land for three consecutive years under this belief, they may establish ownership.

2. The 5-Year Rule

● Requires the claimant to:

– Continuously use the property for at least five years.

– Pay property taxes during this period.

– Have a recorded deed, even if the title is defective.

● This provision is often relevant in cases where a person purchases land but later discovers their deed mistakenly includes a neighbor’s property.

3. The 10-Year Rule (Most Common)

● No written deed or tax payment is required.

● The claimant must demonstrate continuous and exclusive use of the property for ten years.

● Common examples include situations where someone mistakenly believes a section of land is theirs and actively maintains or improves it.

4. The 25-Year Rule

● This timeframe applies in rare cases where the legal owner has a recognized disability (e.g., mental illness, military deployment).

● Allows for “tacking,” meaning consecutive occupants can combine their time to reach the required 25 years.

Determining Which Rule Applies

The applicable timeframe depends on how the land is used, whether taxes have been paid, and whether the claimant has any documentation. Consulting an experienced real estate attorney with our office is the best way to assess whether an adverse possession claim is valid.