This detailed sample Adverse Possession Affidavit complies with Texas law. Filing an Affidavit of Adverse Possession in the real property records asserts a claim of ownership by putting the original owners on notice of an adverse possession claim, thereby providing a fixed point for the running of applicable statutes of limitation.
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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.
Adverse possession is a process in which a person makes a legal claim to real property that did not belong to them originally. It is sometimes referred to as "squatters' rights." Certain circumstances and time limits must be met for an adverse possession claim.
The possessor must either possess a legitimate title, such as a deed that is part of a valid chain of title, or have a reasonable basis for their claim to title, referred to as ?color of title.? In order to successfully assert their claim under this statute, the possessor must provide documentation, such as conveyance ...
You can file for adverse possession in Texas by filing a lawsuit in county court. Successful adverse possession claims are rare, and the evidentiary requirements are substantial, because adverse possession involves a court taking someone's property and giving it to someone else.
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.
