How Long Does it Take to Get Adverse Possession in Texas?

Texas adverse possession law is an extreme remedy in real estate. Most people are shocked to hear that a trespasser can acquire someone else’s real property simply by possession of the land for a period of years. Although it’s true, it’s very difficult to accomplish.

When Do Adverse Possession Claims Arise?

Typically, a claim of adverse possession is between neighbors—one or both of whom are confused about where their property lines are.

Adverse possession cases are fact-specific, meaning the person that adversely possesses the land of another must conduct themselves strictly in the manner required under the Texas Remedies Code.

How Long Must the Trespasser Possess the Land?

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. Shorter statutes of limitations apply under the following circumstances:

• A three-year statute of limitation if the adverse possessor has documented proof of legal title, such as a hard copy of an original registered deed (but clearly mistaken)—giving them title to the property
• A five-year statute of limitations period if the adverse possessor cultivates, uses or enjoys the land, pays applicable property taxes and again has document proof of title

A 25-year waiting period applies in some limited situations—like an owner with a disability. Texas law also allows tacking, which is combining periods of time between successive legal ownership. For example, if an adverse possessor used the land for five years and then sold their interest to a subsequent adverse possessor who continued to adversely possess the land for another five years, the subsequent adverse possessor meets the 10-year statute of limitations.

Five Requirements for Someone to Adversely Possess the Land of Another

Under Texas law, to acquire title to property by adverse possession, a person must prove the following elements by a preponderance of the evidence—meaning the evidence is more likely than not: 

1. Visible Appropriation and Possession of the Property

The adverse possessor must use the land in a way that would give notice to others, especially the owner, that the adverse possessor believes they are the true owner.

2. Open and Notorious

This means the adverse possessor can’t conceal their use of the piece of property. It must be out in the open.

3. Under a Claim of Right

The adverse possessor must use the land thinking it’s theirs, as, for example, under an erroneous property survey.

4. Adverse and Hostile to the Claim of the Owner

This means that the adverse possessor can’t have the permission of the actual owner to use the property—for example, by sharing the land with the owner or being a tenant of the owner.

5. Consistent and Continuous

The adverse use must be for the duration of the statutory period—meaning the statute of limitations may reset if the adverse possessor changes conduct in some way that appears as a break in possession

The factors boil down to the adverse possessor acting in a manner expected of the owner of the real property for a continuous and unbroken period of time.

Find Experienced Legal Help

As simple as the factors seem for proving an adverse possession claim or defending against one, there are many areas in which a property owner can make a mistake. Mistakes in real estate are obviously costly. An error could diminish the use, value, or enjoyment of a home, business, farm, or recreational property. Property owners on either side of a potential adverse possession claim should talk to a law firm or an experienced Texas real estate attorney as early in the process as possible. A Texas real estate lawyer may provide legal advice about clearing a color of title for a claim of adverse possession. For more information on this area, check out our overview of real estate laws.