What Are Texas’s Adverse Possession Laws?
What is adverse possession? This is a common question that we receive by people to resolve title issues. Many times the people that call our firm are heirs to real property and they are the only people that have used the property, paid the taxes for the property and improved the property for several years. In these situations, our clients want to resolve title because either they want to sell the property or pass the property down to their heirs, their children. Adverse possession means “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.” Tex. Civ. Prac. & Rem. Code § 16.021(1). Once established, title acquired by adverse possession is as full and absolute as any other perfected title. Tex. Civ. Prac. & Rem. Code § 16.030(a).
Richard Weaver, Managing Attorney, Routinely Files Lawsuits For Adverse Possession And Works With Clients To Develop Their Case
Adverse possession law involves several different timelines and requirements in order to establish whether there is an adverse possession. The important factor is determining whether notice of use of the land was ever provided and how the other side responded. Adverse possession claim is established when the facts show actual use and it is visible to other people. You want to be able to establish that the contesting “owner” had actual notice that the person in possession of the property has asserted a claim of right to the property. The legal question asked by lawyers is if the use was actual, open, notorious, exclusive, adverse, hostile, continuous, and uninterrupted for the applicable statutory period.
What Are The Statutory Periods? They Are Outlined As Follows:
Tex. Civ. Prac. & Rem. Code § 16.024 (Three-Year Statute): A person [i.e., the original owner] 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 § 16.025 (Five-Year Statute):
(a) (a) A person [i.e., the original owner] 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.
(b) This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney.
Tex. Civ. 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.
(b) Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.
(c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor’s claim extends to the boundaries specified in the instrument.
There is also a 25-year limitation regardless of whether the person is or has been under a legal disability.
The Questions We Ask Our Clients About Adverse Possessions
During your occupation of the real property, are there any other people that have claimed or attempted to claim any interest in the Subject Property? Has the property been occupied by anyone other than you. We also want to know if you ever abandoned your use of the property? As a litigation strategist, Mr. Weaver believes it is important to leverage your claims for contribution to potential resolve your adverse possession and trespass to try title lawsuits.
In our cases, it is common for our clients to claim the real property as their own for a period exceeding twenty-five (25) years and which are continuously adverse to the claim of others to the Subject Property. Our clients tend to maintain continuous bare possession, dominion and control of the real property, and have established a 25-year general reputation for owning the property. So it is possible that the Court may infer the existence of a lost grant. See Conley v. Comstock Oil & Gas, LP, 356 S.W.3d 755, 765 (Tex.App.-Beaumont 2011, no pet.)(quoting Magee v. Paul, 110 Tex. 470, 221 S.W. 254, 256-57 (Tex.1920)).
As a Real Estate Litigation Lawyer, Richard Weaver, Has Been Successful in Trespass to Try Title Lawsuits
We typically resolve adverse possession cases in Trespass to Try Title cases. In our cases, if other heirs make an attempt to claim title, then we make additional claims against for financial contribution since our clients tend to be the only parties that paid for maintenance, repairs and taxes. As a Plaintiff, our clients assert a cause of action against Defendants seeking contribution for maintenance and repairs to the Subject Property.
The Following Are Some Cases That We Like To Rely On When Seeking Financial Contribution For Our Clients
“[A] person who in good faith makes improvements upon property owned by another is entitled to compensation therefore.” Wagner & Brown, Ltd v. Sheppard, 282 S.W.3d 419, 425 (Tex. 2008); Stephenson v. Luttrell, 107 Tex. 320, 179 S.W. 260, 262 (Tex. 1915); Sharp v. Stacy, 535 S.W.2d 345, 351 (Tex. 1976); see also Resolution Trust Corp. v. Kemp, 951 F.2d 657, 665 (5th Cir. 1992). “The law implies a contract between him and his cotenant, authorizing him to spend for him the money which was necessarily spent.” Id.
“Because the care, maintenance, upkeep, and preservation of the property rests upon the owners collectively, a co-tenant in real property, who incurs certain necessary expenses in the actual preservation of that property and the valuation thereof, is entitled to reimbursement from the other co-tenant.” Ramos v. Unknown Heirs of Tomasa Gonzalez, 2016 Tex. App. LEXIS 4327, *9-10 (Tex. App. – San Antonio 2016) (citing Poenisch v. Quarnstrom, 386 S.W.2d 594, 597-98 (Tex. Civ. App. – San Antonio 1965, writ ref’d n.r.e)); Gonzalez, 552 S.W.2d 175, 181 (Tex. Civ. App. – Corpus Christi 1997, writ ref’d n.r.e.) (Mem. Op.).
“Expenditures necessary to preserve the common property include those for taxes, insurance, and repairs.” McGehee, 2010 WL 1241300,at *3 (citing Gonzalez v. Gonzalez, 552 S.W.2d 175, 181 (Tex. Civ. App.—Corpus Christi 1977, writ ref’d n.r.e.); Wooley v. West, 391 S.W.2d 157, 160 (Tex. Civ. App.—Tyler 1965, writ ref’d n.r.e.)); (citing Duke v. Squibb, 392 S.W.2d 885, 888 (Tex. Civ. App.—Texarkana 1965, no writ)).
If you have question about whether you have adversely possessed property or if you have inherited property and now need to resolve title, please call The Weaver Law Firm at 713-572-4900. One of our attorneys can help you evaluate your case. We enjoy working on these cases and would like to help you.