Whether by mistake or on purpose, trespassers may eventually gain ownership rights over privately held Texas land.
As a general rule in Texas, one's ownership of land must be in writing to be enforceable. You need a deed or conveyance indicating that you are the true owner. But there is an important exception to this rule, known as adverse possession. Whether you're a property owner in Houston's suburbs or a ranch, you likely have several neighbors bordering your land. Surprising though it might seem, those neighbors might be able to gain legal title to pieces of your property through the legal doctrine of adverse possession. And while it might be less likely, an unknown trespasser can also squat on your land and develop a claim to legal ownership.
To make sure that your land remains yours and that a neighbor can't claim a portion of it, it's worth familiarizing yourself with the Texas's adverse possession laws. There may also be times when you yourself need to assert an adverse possession claim, over land that you feel you've developed a right to use and want to continue using.
How Adverse Possession Laws Work
Adverse possession is a legal concept that allows a trespasser – sometimes a stranger but more often a neighbor – to gain legal title over the land of a property owner. The concept developed in early British jurisprudence. Today, its function is mainly to achieve a fair result when one owner has neglected or forgotten about a piece of property while another has been using or caring for it for so long that to make him or her leave would create hardship.
Adverse possession in Texas is controlled by statutes passed by the state legislature, but also by the courts. Importantly, Texas places the burden of proof to establish a claim of adverse possession on the trespasser. Whoever holds legal title is presumed to be the owner unless and until the adverse possessor can meet that burden. In other words, it is the trespasser's job to prove that a judge should give him or her title or ownership over the land.
Texas Requirements for Adverse Possession
There is no single statute in Texas that spells out the elements that a trespasser must establish to prove adverse possession. Rather, the courts have established a variety of such factors over many decades. As in most states, adverse possession in Texas is established from the nature of a trespasser's possession and the length of time he or she possesses the land. A trespasser's possession must be:
1) hostile (against the right of the true owner and without permission)
2) actual (exercising control over the property)
3) exclusive (in the possession of the trespasser alone)
4) open and notorious (using the property as the real owner would, without hiding his or her occupancy), and
5) continuous for the statutory period.
Texas Statutory Period for Adverse Possession
Every state has a slightly different statutory period for which a trespasser must occupy the land in order to claim title. Most states have just one period – for example, 20 years. Texas is more complicated, with a few different potential statutory periods that might apply depending on the circ*mstances.
Under Tex. Civ. Prac. & Rem. Code § 16.024, the trespasser can bring a claim of adverse possession after three years. However, he or she must establish "color of title" – meaning that the trespasser has some sort of deed or conveyance, albeit perhaps a mistaken one, that shows that he or she is a record title owner.
An example of this would be a trespasser who duly purchased a property, and the deed mistakenly indicated that his purchase included part of a neighbor's land. He occupies that part of the mistaken land for three years under the assumption that he bought it, and the neighbor says nothing. In this situation, after three years, he could bring a claim under § 16.024 to actually acquire that land under adverse possession.
Under Tex. Civ. Prac. & Rem. Code § 16.025, the trespasser can bring a claim of adverse possession after five years. Here, adverse possession can be established in a similar manner as § 16.024, with the added factors of showing "cultivation" of the land and payment of taxes. In other words, if a trespasser cares for a piece of land and also pays property taxes on that land, these weigh in favor of giving him or her record title after a five-year period.
Under Tex. Civ. Prac. & Rem. Code § 16.026, the trespasser can bring suit within ten years without any sort of tax payments or "color of title." However, the claimant must be able to establish all other standard elements of adverse possession – open, exclusive, continual, actual and hostile possession of the land. By statute, any land acquired under this provision is limited to 160 acres.
Example: Imagine that Matt and Monica live next to one another in Austin. There is no dividing fence or apparent boundary between their yards. Matt builds a shed that is actually on Monica's side of the property, covering about ten square feet of earth. Monica doesn't say anything. Matt uses the shed as if it were on his own land. He does this for 11 years. Under the rubric described above, Matt can probably establish that he "owns" the land on which he was encroaching. Monica could have stopped Matt by asking, over those 11 years, that he remove his shed, or sign a rental agreement to show that this was an arrangement that they mutually consented to. But Texas courts won't let her suddenly eject Matt after she failed to exercise her rights for more than a decade.
Trespasser's Intent is Irrelevant in Texas
The doctrine of adverse possession in Texas protects someone who has honestly entered and held possession in the belief that the land is his or her own, as well as one who knowingly appropriates the land of others for the specific purpose of acquiring title. In other words, in Texas, there is no requirement that the entry and continued possession of the property be done with knowing or intentional hostility.
Rather, any entry and possession for the required 20 years that is exclusive, continuous, hostile, actual, and open – even if under a mistaken claim of title – is sufficient to support a claim of title by adverse possession. In our example above, it doesn't matter whether Matt built the shed knowing that he was on Monica's land, or whether he built it mistakenly thinking it was on his own land. His intent has no bearing on his eventual claim for title under adverse possession.
No Claims Against Government Land
Land held by Texas's state and municipal government entities are generally immune from adverse possession actions. That means that title to public lands usually can't be acquired by adverse possession. So, if you live next to an unused state park outside of Dallas, you won't be able to expand your backyard merely by mowing the lawn or building a shed and waiting 20 years. The state of Texas will still "own" it.
FAQs
The doctrine of adverse possession in Texas protects someone who has honestly entered and held possession in the belief that the land is his or her own, as well as one who knowingly appropriates the land of others for the specific purpose of acquiring title.
Which of the following would be enough to claim adverse possession under Texas law? ›
In order to establish a claim for adverse possession, a claimant must prove (1) actual possession of the disputed property (2) that is open and notorious, (3) peaceable, (4) under a claim of right, (5) and that is consistently and continuously adverse or hostile to the claim of another person for the duration of the ...
Which of the following is a requirement for claiming adverse possession? ›
In California, for a person to claim adverse possession, they must demonstrate that they have been in continuous and exclusive possession of the property for at least five years, openly and notoriously, and under a claim of right or with the belief that they have the legal right to possess the property.
How do I stop adverse possession in Texas? ›
Preventing Adverse Possession
- Calling the police.
- Asking the trespasser to pay rent for the property.
- Deterring trespassers with a “no trespassing” sign.
- Giving a person a written permission to use the property and getting their written acknowledgement that the property is not theirs.
Requirements of adverse possession include exclusive use, continuous use and open takeover of the land. You can prevent adverse possession by marking boundary lines and providing written permission of use.
What is adverse possession claim of right in Texas? ›
ADVERSE POSSESSION: THREE-YEAR LIMITATIONS PERIOD. A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues. Acts 1985, 69th Leg., ch.
Which of the following is an example of adverse possession? ›
Common examples of adverse possession include continuous use of a private road or driveway or agricultural development of an unused parcel of land.
What do you have to prove in order to claim a piece of property through adverse possession quizlet? ›
1 - In order to acquire title by adverse possession, the claimant must prove, by clear and convincing evidence,... that for the statutory period 'his use of the land was continuous, open and notorious, exclusive and hostile to the true owner. '
Which of the following is not a necessary condition for claiming title by adverse possession? ›
Which of the following is NOT a necessary condition for claiming title by adverse possession? a combination of actual and constructive notice evidence of real property ownership.
Which of the following is not necessary for acquiring title to a property by adverse possession? ›
Which of the following is NOT a requirement for acquiring ownership of property by adverse possession? The person is possession compensate the owner.
How Long Must Trespasser Possess the Land. The default period for adverse possession in Texas is a decade—referred to as a 10-year statute of limitations.
How long before property is considered abandoned in Texas? ›
What is the three-year rule? That is the general escheat rule for personal property. Unclaimed personal property is considered abandoned if, for longer than three years, the location of the owner is unknown and a claim to the property has not been asserted.
How do I claim abandoned property in Texas? ›
Unclaimed Personal Property
Once the personal property is considered abandoned under the law, it must be reported to the Texas Comptroller. Texans can search for unclaimed property in their name through the Texas Comptroller's website and submit a claim.
Which of the following is true about adverse possession? ›
Adverse possession is a law governing illegal settlement in a private property and the right of ownership upon settlement period exceeds the statute of limitations. Adverse possession is a forceful act of trespassing in a private property and claiming the right of ownership.
Is adverse possession legal in Texas? ›
The doctrine of adverse possession in Texas protects someone who has honestly entered and held possession in the belief that the land is his or her own, as well as one who knowingly appropriates the land of others for the specific purpose of acquiring title.
What does hostile mean in adverse possession? ›
Hostile. In this context, "hostile" does not mean "unfriendly." Rather, it means that the possession infringes on the rights of the true owner. If the true owner consents or gives license to the adverse possessor's use of the property, possession is not hostile and it is not really adverse possession.
Does paying property tax give ownership in Texas? ›
In Texas, paying someone else's property taxes doesn't lead to ownership of a property. According to Texas law, the property belongs to the person with the “clear title,” which means it is free of any claims or disputes of ownership, and no one else can make a legal claim.
Can I remove neighbors fence on my property in Texas? ›
Under this statute, a person may not remove a fence that is a separating or dividing fence in which the person is a joint owner or that is attached to a fence owned or controlled by another person, absent mutual agreement between the parties.
Is possession 9 10 of the law in Texas? ›
While modern courts do not formally observe the “nine-tenths of the law” principle, possession still matters today. In 1998, a Texas court acknowledged the “nine-tenths” principle but made clear that possession is merely part of a “hierarchy of title.” In re Garza, 984 S.W. 2d 344 (Tex. App.
What is another name for adverse possession? ›
Adverse possession is sometimes called squatter's rights, although squatter's rights are a colloquial reference to the idea rather than a recorded law.
A trespass notice can be verbal or written
A trespass notice is a formal warning that tells a person to stay off your property. You can trespass them verbally, or by giving or sending them a written trespass notice. Find out how to serve a trespass notice in writing.
What are adverse effects on a property? ›
An adverse effect is found when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register of Historic Places (National Register) in a manner that would diminish the integrity of the property's location, design, ...
What is an example of involuntary alienation? ›
The most common occurrence of involuntary alienation is when a bank evicts the residents because of unpaid loan balances. In other words, foreclosure is a circ*mstance where one loses their property due to unpaid debts.
What are at least six adverse claims to property or other title defects? ›
Six adverse or conflicting claims to property that will not appear in a search of records include these: (1) claim to adverse possession, (2) easem*nt by prescription, (3) easem*nt of necessity, (4) easem*nt by estoppel, (5) leasehold claim, and (6) easem*nt for extraction of crops or mineral rights.
When a person takes possession of a property and discovers that evidence indicates flaws in the title that will invalidate the deed? ›
Adverse possession is a legal concept that allows a person to gain property rights to a piece of land that they do not legally own. This happens when a person takes possession of a property and discovers that evidence indicates flaws in the title that will invalidate the deed.
Which of the following is commonly used to show proof of ownership of real property? ›
Deed or title. Mortgage documentation. Homeowners insurance documentation. Property tax receipt or bill.
What document shows legal alienation of a property? ›
Voluntary alienation, either as a sale or a gift, must be executed by the use of a deed to transfer title. The deed is a written document that conveys transfer of title in real estate.
Can adverse possession can never give a trespasser title to the land on which he or she is trespassing? ›
Adverse possession can never give a trespasser title to the land on which he or she is trespassing. Trespass to land cannot be committed by a person who makes an honest mistake of his or her right to enter the land.
What is a transfer of possession without the transfer of ownership? ›
Bailment of goods refers to temporarily transferring the possession, but not necessarily the ownership, of property from one entity to another on a temporary basis.
What is a third party holds title to property on behalf of someone else through the use of a? ›
A deed of trust has a borrower, lender and a “trustee.” The trustee is a neutral third party that holds the title to a property until the loan is completely paid off by the borrower.
A general warranty deed is the gold standard of property transfers. This type of deed is overwhelmingly used in residential purchases. Most lenders require a warranty deed for properties they finance. It offers buyers the greatest possible protection from future claims against the title.
What is the finders keepers law in Texas? ›
Abandoned property belongs to whomever finds it. Lost property belongs to whomever finds it, subject only to a claim by the true owner. Mislaid property belongs to the owner of the property on which it is found, subject only to a claim by the true owner.
Can I be charged with possession if I had nothing on me in Texas? ›
If the police conduct a lawful search and find drugs on your person—i.e., in your coat pocket—you can be charged with illegal possession of a controlled substance. However, even if you are not actually carrying any drugs, you may still be convicted of a crime if you had “constructive” possession of narcotics.
What is the heir property law in Texas? ›
What is an heir property owner? You are considered to be an heir property owner if you inherited your primary residence (also called a “residence homestead”) by (1) will, (2) transfer on death deed, or (3) intestacy — regardless of whether your ownership interest is recorded in the county's real property records.
What are squatters rights in Texas? ›
Squatting Laws in Texas - An Overview. A squatter is someone who lives on a property to which they have no title, no rights, and/or no lease. But despite this fact, squatters have protections under federal and state laws. Under the Texas squatters' rights, a squatter can legally own property through adverse means.
What is the statute of limitations on abandoned property in Texas? ›
Texas law has no statute of limitations on unclaimed property. This property always belongs to its owners or their legal heir(s). You can also search to see if your business has unclaimed property at www.ClaimItTexas.org.
What are the 5 requirements for adverse possession Texas? ›
Code § 16.026, the trespasser can bring suit within ten years without any sort of tax payments or "color of title." However, the claimant must be able to establish all other standard elements of adverse possession – open, exclusive, continual, actual and hostile possession of the land.
What is an example of adverse possession in Texas? ›
Examples of Adverse Possession in Texas
Use of a neighbor's land: If a person builds a structure or uses a portion of their neighbor's land for an extended period of time, they may be able to claim adverse possession if their use is continuous, open, and obvious.
Is there adverse possession in Texas? ›
The default period for adverse possession in Texas is a decade—referred to as a 10-year statute of limitations. That means the true owner of the property has up to 10 years to oust the adverse possessor or terminate their possession.
What are some of the requirements for adverse possession quizlet? ›
What are the elements of adverse possession? actual entry, exclusive possession, open and notorious, hostile and adverse, continuous and interrupted.
In Texas, paying someone else's property taxes doesn't lead to ownership of a property. According to Texas law, the property belongs to the person with the “clear title,” which means it is free of any claims or disputes of ownership, and no one else can make a legal claim.
How long can someone leave their belongings on your property in Texas? ›
Removing Abandoned Property
According to Texas Prop 93.002, you may dispose of the abandoned items if they are not claimed by the tenant within 60 days from the day they were stored.
What is a trespass to try title in Texas? ›
In a trespass-to-try-title action, the plaintiff is required to prove his or her title by proving (1) a regular chain of title of conveyances from the sovereign to the plaintiff; (2) a superior title to that of the defendant out of a common source; (3) title by limitations; or (4) prior possession which has not been ...
What are the property line rules in Texas? ›
Texas has no specific laws regarding fences directly on the boundary line between neighbors, though your city or HOA might have more specific instructions. In general, if it's on your side of the property line, you own it. If it's directly on the property line, then you and your neighbor probably own it jointly.
How do I find out who owns a property in Texas for free? ›
In order to conduct a property title search on your own without paying a lawyer or a title company, you should head to your county clerk's office. In Texas, each county clerk's office is responsible for keeping detailed property records – these records are public, and therefore available for you to view.
Which of the following is not a requirement for acquiring ownership of property by adverse possession? ›
Which of the following is NOT a requirement for acquiring ownership of property by adverse possession? The person is possession compensate the owner.
Which of the following are common law requirements for transfer of title by adverse possession quizlet? ›
To establish title by adverse possession, the occupier must show: (i) An actual entry giving exclusive possession that is (ii) Open and notorious, (iii) Adverse (hostile), and (iv) Continuous throughout the statutory period.
