Adverse Possession in Texas
Adverse possession lets a person who occupies land without the owner's permission become its owner if the possession is actual, open, notorious, exclusive, hostile and continuous for a statutory period. Texas has several statutes of limitations: three, five, ten and twenty-five years, with different requirements. The ten-year statute is the most common and does not require a deed, but a claim is limited to 160 acres unless the possessor has a recorded instrument.
The elements
- Actual possession. Physical use of the land, such as living on it, cultivating it or enclosing it.
- Open and notorious. Visible enough that the owner would know of it.
- Exclusive. Not shared with the owner or the public.
- Hostile. Against the owner's rights, with an intent to claim the land as one's own. Permission defeats it.
- Continuous. Without interruption for the statutory period.
The Texas limitation periods
| Period | Main requirement |
|---|---|
| Three years | Possession under title or color of title from a sovereign, such as a chain of title from a grant |
| Five years | Possession under a recorded deed, with taxes paid and the land cultivated, used or enclosed |
| Ten years | Possession of the land, no deed required, limited to 160 acres without a recorded instrument |
| Twenty-five years | Applies even when the owner was under a legal disability, with a longer period |
Common features of claims
- A neighbor builds a fence in the wrong place and treats the land inside as their own for many years.
- A family occupies an inherited parcel without probate, sometimes with co-tenants.
- A person maintains and improves an abandoned lot.
Co-owners and tenants face extra hurdles, since their possession is usually seen as not hostile to the others.
Limits and defenses
- Permission, including an implied permission from a neighbor, defeats hostility.
- Possession must be of a defined area. A vague claim fails.
- Land owned by the government generally cannot be adversely possessed.
- A claimant must usually prove each element by clear evidence, and courts read the elements strictly.
What to do
If you think you have a claim, or someone claims against you, get a survey and legal advice early. A claimant often files a trespass to try title or quiet title suit to confirm ownership. Owners can protect themselves by inspecting land regularly, objecting to encroachments and using written permission where appropriate. Title companies treat adverse possession claims carefully. See title curative and easements.
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Book Free ConsultationFrequently asked questions
How long does adverse possession take in Texas?
The usual period is ten years, with shorter periods in cases where there is a deed and taxes paid, and a longer one in some cases.
Do I have to pay taxes to claim adverse possession?
Payment of taxes is a requirement under the five-year statute, not the ten-year statute, though it helps evidence a claim.
Can a renter adversely possess?
Generally not against the landlord, since possession is with permission.
Can I lose my land to a neighbor's fence?
If the neighbor meets every element for the full period, yes. Document and object early to protect yourself.