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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33757
Experience:  15 years real estate, Realtor. Landlord 26 years
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Texas law. In an adverse possession action When does the

Customer Question

Texas law.
In an adverse possession action
When does the action begin
If back taxes paid. Say four years and current year tax paid
Does the clock run backwards or begin with first year of payment of current tax year paid.
I need citation where it spells it out. Maybe citation not right name. Is it law code correct name. Anyway you know. Where do I look it up after you tell me.
Also if potential adverse possesr claims to be owner and issues hunting license is that fraud
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Adverse possession comes into play when a person occupies another person's land without permission. That person may eventually become the owner.

The statutory rules governing adverse possession are codified in Sections 16.021 through 16.034 of the Texas Civil Practices and Remedies Code. Section 16.021 defines adverse possession as the "actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person." The adverse possessor must enter the land without consent (adversely) and stay openly, obviously and continuously in peaceable possession for a given number of years. Erecting a fence would be a open and hostile possession to the land.

In Texas, four time periods govern adverse possession. Under the three-year statute, the intruder must enter the land either under title or color of title as defined by the statute. Color of title refers to a claim based on a land right, land warrant, land scrip or an irregular chain of title "that does not want of intrinsic fairness or honesty." This is a claim that you can make if your previous survey indicated that the land was yours.

Under the five-year statute, the owner must file suit to recover the property before an intruder:

cultivates, uses or enjoys the property; pays the property taxes for five consecutive years before they become delinquent; and claims the property under a duly registered warranty deed.

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Sec. 16.025. ADVERSE POSSESSION: FIVE-YEAR LIMITATIONS PERIOD. (a) A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:

(1) cultivates, uses, or enjoys the property;

(2) pays applicable taxes on the property; and

(3) claims the property under a duly registered deed.

(b) This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney.

This would be the statute you are referring to.

Under the ten year statute pursuant to Section 16.026, the adverse possessor simply cultivates uses or enjoys the property for ten continuous years. If the land is enclosed, the person may claim all the enclosed acreage that is adversely and peaceably possessed.

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So it starts from the time the person takes over possession of the property, not just paying taxes. So if they have been using the property for 5 years, and paying the taxes, they could file a "quiet title" lawsuit and try to prove this under the adverse possession laws.

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Also if potential adverse possesr claims to be owner and issues hunting license is that fraud

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If the person later can't provide the services that they sold the licenses under, then the licensee could sue for breach of contract and potentially fraud if the person knew that they didn't' have a legitimate claim.

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thanks

Barrister

Customer: replied 1 month ago.
I am not satisfied with your answer. I asked in reference to adverse that requires payment of taxes. Your answer begs the question. That I can look up easily online. I asked specifically re if taxes payment a requirement when does it begin. At backward
S to back taxes or at point beginning with current. Oh never mind you did answer. So the back ones do not start time line. Barrister do you have a name. Are you a Texas attorney. If so you may wish to call me. My grandson has gone behind my back in this. 200'000 property. 916(###) ###-####My
Expert:  Barrister replied 1 month ago.

I asked in reference to adverse that requires payment of taxes

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You did, and I specifically referenced the TX Statute that goes over the 5 year limit that requires the payment of taxes.... Let me post it again in case it was unclear..

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Under the five-year statute, the owner must file suit to recover the property before an intruder:

cultivates, uses or enjoys the property; pays the property taxes for five consecutive years before they become delinquent; and claims the property under a duly registered warranty deed.

.

Sec. 16.025. ADVERSE POSSESSION: FIVE-YEAR LIMITATIONS PERIOD. (a) A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:

(1) cultivates, uses, or enjoys the property;

(2) pays applicable taxes on the property; and

(3) claims the property under a duly registered deed.

(b) This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney.

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This is the exact statute you are asking about... I can't really make it any clearer than posting the exact law..

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I asked specifically re if taxes payment a requirement when does it begin. At backward S to back taxes or at point beginning with current.

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And I specifically answered your question about the payment of taxes. It is the time when the person takes possession of the property that matters, not that they pay back taxes.... Again, this is what I posted..

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""So it starts from the time the person takes over possession of the property, not just paying taxes. So if they have been using the property for 5 years, and paying the taxes, they could file a "quiet title" lawsuit and try to prove this under the adverse possession laws.""

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If so you may wish to call me

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I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though..

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thanks

Barrister

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