It’s possible, but how possible? What are the 4 standards that must be met for there to be an adverse possession property rights case & how property owners typically fare in a Texas court of law.

You may have heard of adverse possession as it pertains to real estate. Adverse possession is the occupation of land to which another person has legal title with the intent of owning it for yourself. This is sometimes referred to as “squatters rights.” Now, this is a very complex area of the law and it’s highly recommended that you consult with an attorney whether you’re trying to win a case in adverse possession or someone who’s trying to take your land via adverse possession.

Now, there are four standards or rules that must be met with an adverse possession claim.

1. The possessor must have entered the property and have exclusive access to the property.

2. Secondly, it has to be open and notorious, meaning it can’t be done secretively.

3. Third, it has to be adverse to the current legal owner of the land. In other words, there can’t be an agreement between the possessor and the owner. It has to be an adverse impact to the legal owner

4. It has to be for a continuous statutory period with the statute of limitations. Generally speaking, regarding the use of the land, it has to be for a continuous period of anywhere from three to ten years. Generally, it’s ten years in order to get in an adverse possession claim won in court.

That being said, Texas does not favor adverse possession claims and it has many laws that make it extremely difficult to win a claim. Texas has very strong property rights, which I actually think is a good thing. So, it’s very difficult to win an adverse possession claim in court.

Feel free to reach out to us with questions or other topics you’d like to see covered.

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