Adverse Possession

Did you know that a trespasser, neighbor, or a stranger can legally own
property that was not previously theirs after using it for a specified
number of years? This might seem unreal and extreme, but Texas, and
even other states, allow it under the law of adverse possession. 

However, such claims are rare, and the most common ones occur
between neighbors, involving a small tract of land often found at the
borders. Most importantly, they are nearly impossible to navigate
without the help of a real estate lawyer , which implies that you must be
sufficiently prepared as the potential possessor.  

What Is Adverse Possession?

Adverse possession is a statute that gives legal title ownership of land

to a trespasser over the original property owner. Typically, a trespasser
who has lived on a piece of property  for the required period files a title
action and notifies the owner. If the owner fails to respond, then the
land ownership rights can be transferred to the trespasser. 

What Do I Need to Prove for Adverse Possession in Texas?

Anyone of legal age can claim adverse possession as long they can
prove, among other things, that their possession is: 
 
 Exclusive –  You have solo possession of the property as opposed to
shared possession with an owner or any other party.
 Hostile – Your possession was done through appropriation and without
the owner’s permission.
 Continuous – You’ve continuously possessed the property for the
established statutory period as opposed to taking breaks or sporadic
ownership. However, the court might still allow you to file an action if
there were successive possessors and privity of estate  exists among
them.
 Visible – You’ve been openly using and possessed the land openly and
without concealing your occupancy.
 Actual – You  possess the property and have been exercising control.

Statutory Limitations for Adverse Possession

To level the playing ground, the court has outlined a minimum period by
which the trespasser must have possessed the land, as well as other
requirements, to qualify for an adverse possession claim in Texas. 

A trespasser can file this action after three years of using and occupying
the property, as long as they have a color of title . This refers to a title or
conveyance that might have been mistakenly but legally issued.

You can also claim adverse possession after five years of property
possession if you have a color of title, have proof of land cultivation,
and you’ve been paying taxes for the property.  

There’s also a ten-year statute that does not require any title or
conveyance as long as you can prove all possession standards like
exclusivity and visibility of occupancy. 

Consult a Real Estate Lawyer

Adverse possession suits can be difficult to handle, and only a few of

them go through. At the same time, each case is unique and with
different circumstances, which means that you should still try to file a
claim if you feel that you qualify for adverse possession. 

Start by speaking with a real estate lawyer to understand the strength

of your suit and how to proceed with the case. Call The Curry Law Firm
at 713-678-0013  or send a message through our contact form for a free
consultation . 

Sample of petition filed , Sunday Sept 11, 2022

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