Adverse possession is a legal pathway for someone who has occupied land for a specified period of time (without the owner’s permission) to eventually gain legal ownership. If you’re dealing with these issues in Texas, a real estate lawyer in Houston can help explain your rights and protect your property.
What Is Adverse Possession?
If someone occupies a piece of property for a long enough period of time, Texas law may eventually recognize that person as the rightful owner.
The doctrine is based on the idea that land shouldn’t sit idle. To win an adverse possession case, a claimant must prove all of the following:
- Actual possession – The person must use the land in a tangible way, such as fencing it, farming it, or living on it.
- Open and notorious possession – The use must be obvious enough that the true owner would notice.
- Exclusive – The land can’t be shared with the rightful owner or the public.
- Hostile – The use is without the owner’s consent.
- Continuous – The possession must be uninterrupted for the full period specified by Texas Law.
If a person fails to satisfy just one element, they will not be able to claim adverse possession.
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Adverse Possession in Texas
How Long Does an Adverse Possessor Have to Occupy a Property
Texas law recognizes several different timeframes for adverse possession, depending on the circumstances.
- A three-year period applies when the claimant has “color of title,” meaning they have a document that purports to convey ownership in the property, but it is invalid. The claimant must also pay taxes and maintain the property.
- The five-year period requires cultivation or use of the land, tax payments, and a recorded deed (even if it’s defective) for at least five years.
- The ten-year period is the most common. Here, the claimant must simply occupy the land for at least ten years. No deed or tax payments are required. This statute is often used when someone has simply occupied land without formal ownership and without a written claim of title.
- The rare 25-year period applies when the legal owner has a disability (like being a minor or mentally incapacitated) when the adverse possession starts.
Texas courts scrutinize adverse possession cases closely, and any break in possession can invalidate the claim. When the elements are met, a possessor must file a lawsuit to “quiet title” and ask a court to officially recognize their ownership.
Contact an Experienced Houston Real Estate Lawyer for Help with An Adverse Possession Claim
Adverse possession in Texas provides a narrow path to property ownership for a party that has occupied and used land for a long period of time without the owner’s permission.
Property owners should be aware of the risks of neglecting their property and allowing others to encroach without intervening. Long-term occupants should understand what elements are required before pursuing an adverse possession claim.
If you are pursuing or defending an adverse possession claim, you should consult with an experienced Texas real estate attorney to evaluate your options and protect your legal rights. Porter Law Firm offers consultations to help you identify the best strategies for resolving your claim.