In Texas, adverse possession arises when a person occupies land they don't own—openly, visibly, and without the owner's permission—for a legally defined period.
Whether you are seeking to quiet title or defending your land against an Affidavit of Adverse Possession, The Keller Firm provides the litigation experience needed to navigate a complex and fact-intensive dispute surrounding these issues.
Common Adverse Possession Scenarios
Recorded Affidavits: Someone has filed an Affidavit of Adverse Possession against your property in the county records to "cloud" your title.
· Encroaching Fences: A neighbor has fenced in a portion of your land and has been using it as their own for over a decade.
· Title Correction: You have maintained and paid taxes on a piece of property for years and need to legally establish ownership.
· Defense Against Claims: You are facing a Trespass to Try Title lawsuit from an occupant claiming they now own your land.
Statutory Periods in Texas
Texas law outlines specific "limitation periods" that can allow an occupant to claim legal title:
- 3-Year Statute: Requires the occupant to have "color of title" (a deed that appears valid but has a technical defect).
- 5-Year Statute: Requires the occupant to use the land, pay property taxes, and hold a registered deed.
- 10-Year Statute: The most common "naked possession" claim. Requires 10 years of open, hostile, and continuous use without a deed.
Don't Wait to Protect Your Property
If you suspect someone is attempting to claim your property, contact a Texas Real Estate lawyer to evaluate the claim.