Key points
- Adverse possession requires actual, visible, continuous and hostile possession for the full statutory period.
- A “casual fence”, one that existed before the claimant’s possession or wasn’t built to enclose the land, generally isn’t enough.
- Possession by permission isn’t hostile and can’t ripen into title.
- Co-owners face a higher bar: they must prove they clearly repudiated the other owners’ rights.
The four Texas limitations periods
| Period | Statute | Requirements in addition to adverse possession |
|---|---|---|
| 3 years | CPRC § 16.024 | Possession under title or color of title. |
| 5 years | CPRC § 16.025 | Cultivating, using or enjoying the property, paying taxes, and claiming under a duly registered deed. |
| 10 years | CPRC § 16.026 | Peaceable and adverse possession with cultivation, use or enjoyment. Without a recorded instrument, the claim is generally limited to 160 acres unless the land is actually enclosed. |
| 25 years | CPRC §§ 16.027–16.028 | Longer period that applies even if the record owner was under a legal disability. |
Elements courts look for
- Actual and visible appropriation: use consistent with ownership, such as building, fencing, farming, grazing or occupying.
- Hostility: a claim of right inconsistent with the true owner’s title. Use with the owner’s permission doesn’t qualify.
- Continuity: uninterrupted for the full period. Successive possessors can sometimes “tack” their periods if they are in privity under § 16.023.
- Notice: possession open enough to give the owner reasonable notice of the claim.
Grazing livestock, mowing, or occasional use is often found insufficient. Fences receive special scrutiny. A “designed enclosure” built by the claimant to enclose the land can support a claim, while a “casual fence” generally can’t.
Claiming land by adverse possession
If you or your family have possessed land for years without clear record title, we evaluate which period applies and gather the proof: witness testimony, photographs, aerial imagery, tax records, utility records and improvements. The claim is usually established through a trespass to try title action or a suit to quiet title, producing a judgment that can be recorded so the land can be sold or financed.
Is someone occupying or fencing your land?
Time is on their side, not yours. Written notice, a license agreement or a lawsuit can interrupt their claim. Book a discovery call or call (346) 363-0334.
Defending against an adverse possession claim
Owners can protect themselves by:
- Inspecting vacant and rural property regularly and documenting its condition;
- Granting written permission or a license to a neighbor whose fence or use encroaches, which defeats hostility;
- Sending written notice and demanding removal of encroachments;
- Paying property taxes and keeping records; and
- Filing suit to recover possession before the period runs.
In litigation, we attack the claimant’s proof on each element: gaps in continuity, permissive use, casual fencing, insufficient visibility, and failure to establish the required period.
Squatters and vacant property
Occupants with no claim of right are generally trespassers, and owners can pursue removal through eviction or trespass remedies rather than waiting. Squatters who record fraudulent documents can create title clouds that require deed or fraudulent document remedies. Related neighbor disputes are covered under easement and boundary disputes.