Claiming Property That Isn't Yours: Understanding Adverse Possession in Texas

Have you ever heard of someone claiming ownership of land that wasn't originally theirs? It's a real thing, and it's called "adverse possession." In Texas, this is governed by specific laws, found in the Texas Civil Practices & Remedies Code. Basically, adverse possession happens when someone takes over a piece of land and acts like they own it, even if they don't.

What Does It Take to Claim Land?

It's pretty rare for someone to successfully claim land through adverse possession. It usually happens slowly, over many years, without anyone making a big fuss about it. Think of a family gradually using the empty lot next to their house or a rancher who puts up a fence and lets his cattle graze on a neighboring piece of land for a long time.

To make a successful claim, the person taking over the land must prove several things:
They're actually using the land: It's not enough to just think you own it; you have to be there, on the land.
Everyone can see they're using the land: They can't hide what they're doing. It has to be obvious to anyone who looks.
They're using the land peacefully: No fighting or threats.
They believe they have the right to the land: They must act like they own it.
They've been using the land consistently for a long time: They must keep using the land over the whole legally required time frame, and they must be doing so in a way that shows they don't recognize anyone else as the owner.
These rules are very specific, and they're meant to be. Courts have said that taking someone's land without their permission is a serious thing. So, the person trying to claim the land has to follow the rules exactly.

Key Points to Remember:
Just paying taxes on a piece of land doesn't mean you can claim it. You have to meet all the other requirements too.
You can't claim land that belongs to the government.
It's all about actions and how long you do them. Saying you intend to take the land isn't enough; you have to actually take it and use it.

Important Notes About Affidavits:
There's no official form. Each affidavit has to be written to fit the specific situation.
Sometimes, the affidavit of adverse possession is combined with an affidavit of heirship, which is used to establish who the legal heirs to a property are.
Filing an affidavit is like putting a marker down, saying, "I'm starting my claim now."
The county clerk has to accept these affidavits for filing.
Describing the Land and How It's Used

When claiming land, you have to be very clear about which land you're talking about. Saying "the west forty acres north of the railroad tracks" isn't good enough. There needs to be a proper legal description of the land.

How the person claiming the land is using it also matters. If they're saying they've been using it as a driveway, they need to prove they've really been doing that, consistently, for the required length of time.

Fences Matter

Putting up a fence can be a strong sign that someone is claiming land. But it can't just be any old fence. It has to be a "designed enclosure," not just a random fence that was already there.

How Long Does It Take? Statutes of Limitation

In Texas, there are different time limits (called "statutes of limitation") for adverse possession claims. These time limits are like waiting periods. The original owner of the land has this amount of time to take action to get their land back. If they don't, the person claiming the land may become the legal owner.
Three-Year Statute: This applies if the person claiming the land has some kind of title (like a deed).
Five-Year Statute: This applies if they've been using the land, paying taxes on it, and have a deed.
Ten-Year Statute: This is the most common one. It applies if they've just been using the land.
Important Notes on Timing:
The time periods don't include any time when the original owner was unable to act due to certain disabilities.
Different people can "tack" their time together to reach the required period.
Co-Owners and Heirs

It's more complicated when the land has co-owners or heirs. One co-owner can't usually claim adverse possession against another co-owner unless they make it very clear that they are doing so. There are also special rules for "cotenant heirs," which are family members who inherit land together.

Going to Court

Sometimes, the person claiming the land will go to court to get a judge to declare them the legal owner. Other times, the original owner will go to court to stop the adverse possession claim.

Other Important Things

If there are any liens (like debts) on the land, these are usually erased if someone successfully claims the land through adverse possession.
It's a good idea to do some research on the land's title to find out who the real owners are.
Creating a new chain of title can be complicated, and it needs to be done carefully to avoid problems with fraud.
In Conclusion

Adverse possession is a complex area of law. It's not a way to quickly snatch up land for investment purposes. It's a process with strict rules, and it's always best to consult with a qualified attorney if you have any questions about it.

Important Disclaimer: This article is for informational purposes only and should not be considered legal advice. Laws can change, so it's essential to consult with a qualified attorney about your specific situation before taking any action. You should also talk to your tax advisor. Please note that reading this article does not create an attorney-client relationship unless we have a written agreement with you.