Adverse possession always seems to be a popular topic. The idea that you may able to take something that you know isn’t yours and legally make it your own (without compensation) may be enticing. That same idea, however, may be off-putting if it’s your property that is taken by someone else.
How long does adverse possession take? As usual, the answer is not so simple.
The Texas Civil Practice & Remedies Code lists several different statutes of limitation for bringing suit to recover real property purported to having been taken — or purporting to be in the process of being taken — by another.
There are three-year, five-year, ten-year, fifteen-year, and twenty-five year statutes of limitations.
Which limitations period applies depends on whether the person claiming to take the property (the “Claimant”) holds it under title or color of title, whether the Claimant pays taxes on the property, whether the Claimant claims the property under a registered and non-forged instrument, how the property is being held, the size of the property at issue, whether the property is enclosed, whether the person whose property is being taken is, has been, or was operating under a legal disability (minor, unsound mind, or in the U.S. armed forces during a time of war), and other circumstances.
In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.