WHAT WE DO
Adverse possession is a legal doctrine that can transfer property ownership from the record title holder to someone who has possessed the property under specific conditions for the required statutory period. These cases involve complex factual and legal analysis, requiring comprehensive investigation and skilled advocacy to achieve successful outcomes.
At The Pettit Law Firm, we understand that adverse possession cases can involve emotionally charged disputes between neighbors, family members, or business associates. Our experience with property law, boundary disputes, and complex litigation allows us to effectively handle both sides of adverse possession disputes.
Contact UsTexas Adverse Possession Requirements:
Under Texas law, adverse possession generally requires proof of possession that is:
- Actual– Physical occupation and use of the property
- Open and Notorious– Visible and obvious to the true owner
- Exclusive– Not shared with the true owner or public
- Hostile– Without permission from the true owner
- Continuous– Uninterrupted for the statutory period
- Under Claim of Right– With intent to claim ownership
Statutory Periods in Texas:
- 3 Years– With color of title and payment of taxes
- 5 Years– With color of title, cultivation/improvement, and tax payment
- 10 Years– Without color of title but with cultivation/improvement and tax payment
- 25 Years– Peaceable and adverse possession without other requirements
REPRESENTATIVE EXPERIENCES
Won jury trial defeating 30-year adverse possession claim, protecting inheritance rights – Successfully defended an heir’s property ownership against adverse possession claims, with jury rejecting decades-long occupancy claims and awarding attorneys’ fees to client
Extensive experience in adverse possession litigation throughout Texas involving residential, commercial, and rural properties
FAQs
Texas has different time periods depending on circumstances: 3 years with color of title and tax payments, 5 years with color of title, cultivation, and taxes, 10 years with cultivation and taxes but no color of title, or 25 years with just peaceable and adverse possession.
No, permission defeats the “hostile” requirement for adverse possession. If possession began with permission, it generally cannot become adverse possession unless the possessor clearly repudiates the permission and the owner has notice.
Possession must be visible and obvious such that a reasonable property owner would notice it. Hidden or secretive use typically doesn’t satisfy this requirement.
For most adverse possession claims in Texas, yes. The possessor must pay property taxes during the required period, except for the 25-year peaceable possession provision.
Signs alone don’t prevent adverse possession, but they can be evidence that possession was not “peaceable” or that the owner objected to the occupation. Regular monitoring and legal action against trespassers is more effective.
Color of title means the possessor has some document (like a deed) that appears to convey title but is actually defective. Having color of title can reduce the time period required for adverse possession.
Yes, adverse possession can apply to portions of property if the possessor can clearly define the area possessed and meets all requirements for that specific area.
Proof requires evidence of each legal element including documentation of possession activities, tax payments, improvements made, witness testimony, and often survey evidence. Each case requires specific factual proof tailored to the legal requirements.
Generally no, adverse possession typically cannot be claimed against government-owned property, though there may be limited exceptions depending on the specific circumstances and type of government entity.
Contact an attorney immediately to analyze the claim and preserve your rights. Document your ownership, review the claimed possessor’s activities, and consider legal action to protect your property rights before any limitation periods expire.
Contact Us
Want to talk about your case?
Email jpettit@pettitfirm.com
Or contact us at:
The Pettit Law Firm
1900 Pearl, Suite 1740
Dallas, TX 75201
Phone: 214.329.0151
Fax: 214.329.4076