Imagine discovering someone else is trying to claim ownership of your land simply because they’ve been using it without your permission. It may sound unfair, but it’s actually a legal reality under Texas adverse possession laws.
According to the law, a person who openly occupies land they don’t own can eventually gain legal ownership. This can happen if they use the land continuously for a specific period, meet state law requirements and the rightful owner doesn’t take action to remove them.
What are the legal requirements?
Under Texas law, a person claiming adverse possession must fulfill certain conditions. First, their occupation must be hostile, meaning it is without the true owner’s permission. Additionally, the individual must demonstrate possession by physically using and controlling the land.
The possession must also be open and notorious. This means it should be obvious to anyone, including the rightful owner. Finally, the individual must maintain exclusive and continuous use of the land for a specific period, which ranges from 3 to 25 years, depending on the circumstances.
Protect your property rights
As a property owner in Texas, you can take some proactive steps to prevent adverse possession. Regularly inspect your land to check for unauthorized use. Post ‘no trespassing’ signs to show clear intent and give written permission to anyone using the property. These measures can help safeguard your ownership and prevent potential adverse possession claims.
If you suspect someone is attempting to claim your land or have questions about adverse possession laws in Texas, seeking legal guidance can help you understand your rights, take appropriate action and ensure your property is safe. Remember, the clock is running and acting quickly increases your chances of a desirable outcome.
