IWhat Texas statute supports ownership of land f you paid taxes for a long period of time-43 yrs?

UPDATED: Jul 4, 2009

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IWhat Texas statute supports ownership of land f you paid taxes for a long period of time-43 yrs?

Asked on July 4, 2009 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I think that what you are thinking of here is something in the law known as "adverse possession". 

Under the doctrine of "adverse possession", if a person moves into possession of property, improves it and possesses it in a public manner, then after a certain amount of time he will acquire title to the property even though it is actually owned by someone else.  The idea for adverse possession has at its root that land should not lie idle.  If it does, it is wasted to the community. Therefore, if someone moves onto the land and makes it productive, that person may earn the right to claim it as his or her own.  The basic requirement for adverse possession is that the claiming party must take exclusive possession of the property.  This type of possession is called "open and notorious" or proactive and absolutely not secretive possession.  Some states require that the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so.  In addition, many states require the payment of property taxes for a specified period of time, and a few states also require that improvements be made upon the land.  Eventually, the possessor is required to file for title with the county recorder.  The actual owner then has a limited amount of time in which to challenge the newcomer's title.  Essentially, the owner's only argument is to claim some sort of disability; such as age, mental instability, or imprisonment.  The owner is not required to do much in order to stop the possessor from acquiring title; merely sending the possessor a note granting permission to be there will usually suffice. Various rules exist regarding the continuousness of the possession and the ability to "tack" various periods of possession together in order to satisfy the time of possession requirement.

The following are the requirements for adverse possession in Texas:

Code SectionCiv. Prac. & Rem. §16.024, et seq.
Time Period Required for Occupation10 yrs.and Color of Title: 3 yrs. and Color of Title/Payment of taxes: 5 yrs
Time for Landowner to Challenge/Effect of Landowner's DisabilityWith disability: 25 yrs.
ImprovementsTaxes plus cultivation: 5 yrs.; Cultivation only: 10 yrs.
Payment of TaxesRequired
Title from Tax Assessor-

Since this can all get very technical, I think that you should consult with an attorney in the area where the land is located.

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