Establishing Adverse Possession Under 3 and 5 Year Limitations

star
Real Estate Lawyer San Antonio

REQUIRED PROOF FOR ADVERSE POSSESSION – TITLE THROUGH PASSAGE OF TIME & OTHER PROOF

Under Texas law, adverse possession requires “an actual and visible appropriation of real
property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.” BP Am. Prod. Co. v. Marshall, 342 S.W.3d 59, 69 (Tex. 2011) (quoting TEX. CIV. PRAC. & REM. CODE § 16.021(1)).

The adverse possession statutes are statutes of limitations intended to settle land titles. Nat. Gas Pipeline Co. of Am. v. Pool, 124 S.W.3d 188, 198–99 (Tex. 2003).

To prevail on a claim of adverse possession, a claimant must establish:

(1) the actual and visible possession of the disputed property;

(2) that is adverse and hostile to the claim of the owner of record title;

(3) that is open and notorious;

(4) that is peaceable;

(5) that is exclusive; and

(6) that involves continuous cultivation, use, or enjoyment throughout the statutory period.

NAC Tex Hotel Co., Inc. v. Greak, 481 S.W.3d 327, 331–32 (Tex. App.—Tyler 2015, no pet.). By statute, “Peaceable possession” means possession of real property that is continuous and is not interrupted by an adverse suit to recover the property.

Texas statutes authorize adverse possession under three, five, and ten-year limitations periods. TEX. CIV. PRAC. & REM. CODE §§ 16.024–.026.

BURDEN OF PROOF

A party seeking to establish title to land by virtue of the statute of limitations has the burden of proving every fact essential to that claim by a preponderance of the evidence. Rhodes v. Cahill, 802 S.W.2d 643, 645 (Tex.1990) (op. on reh’g).

THE FIVE YEAR LIMITATIONS PERIOD

To prevail under the five-year limitations period, a person “must bring suit not later than
five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:

(1) cultivates, uses, or enjoys the property;

(2) pays applicable taxes on the property; and

(3) claims the property under a duly registered deed.”

TEX. CIV. PRAC. & REM. CODE § 16.025(a).

THE THREE YEAR LIMITATIONS PERIOD

To prevail under the 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.” TEX. CIV. PRAC. & REM. CODE § 16.024. Proof of “color of title” is only required under the three-year statute.

CALL NOW

210.354.7600

Hours
Monday-Friday
8:30am – 5pm
16607 Blanco Rd., Suite 501
San Antonio, Texas 78232

Jesus Tells Lawyer the Key to Eternal Life

Jesus Tells Lawyer the Key to Eternal Life

  OLD NEWS IS NEW TO ME I realize that the title to this post reads like a tabloid headline, but this story is old news. REALLY old. Thousands of years old, in fact.  But it's new to me, and maybe to You, Today (2/9/25 - Super Bowl Sunday) is the first time I...

read more
New Bill Invites Big Bro to Real Estate Closings

New Bill Invites Big Bro to Real Estate Closings

Some Legislators appear to want Big Brother at the closing table when Texans buy and sell real estate. I don't like the idea one bit. A bill filed this week by state representative Janis Holt (R - Silsbee) proposes to require the parties to real estate purchase and...

read more
Proposed Law Would Limit Investment Firm purchase of SFRs

Proposed Law Would Limit Investment Firm purchase of SFRs

A bill introduced on February 3, 2025 by Rep. Gina Hinojosa (D- Austin) would restrict investment firms from from entering into executory contracts to purchase single family homes during the first thirty (30) days that the property is listed for sale.  The measure, HB...

read more