Adverse Possession Requirements In Texas
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FAQ
Prac. & Rem. Code § 16.026 (Ten-Year Statute): (a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.
One remedy is to peaceably remove the possessor from their property. Another remedy is to file an affidavit in the county real property records disputing the adverse possessor's claim. Of course, the owner may also need to file suit against the adverse possessor.
Regular property inspections can alert the true owner to any unauthorized use and are always beneficial to ensure your property is unoccupied. Leasing the property can also effectively thwart any claims of adverse possession since it delineates a legal agreement between the owner and occupant.
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 ...