ADVERSE POSSESSION
‘Use It or Lose It’

Adverse possession is a time limitation for a true owner to evict a trespasser who occupies and uses the land in question. An owner of a property can lose the title to their property if action is not timely taken. In Texas, various time limitations apply, however, the most common period is ten years.
A trespasser is a person, who, without permission of the owner, occupies and uses a property. An example of a trespasser is a ‘squatter’.

In general, to obtain title to land through adverse possession, the trespasser must satisfy four requirements:

1. The trespasser must enter or use the land without the permission of the owner.
2. He or she must actually be present on the land, as well as treating and using it as if it were his or her own.
3. He or she must use the land in an open and obvious way, and
4. He or she must use the land for a continuous period of time, without sharing possession with others (unless they are adversely possessing as tenants in common).
   An example of adverse possession is where a squatter occupies a vacant lot or abandoned home that is owned by another person. If the squatter, who has no legal title, fences the property, cuts the grass, pays the property taxes, builds or maintains a dwelling, lives in it, and the true owner takes no action to evict the squatter, or grant permission for the squatter to remain, after ten years the squatter has the right to assert legal ownership of the property, and the original owner is barred from initiating a legal action to recover the property.
   Other situations where adverse possession may apply are:
5. Where there are two neighbors, with no fence between the lots. One person puts up a fence that encroaches on the others surveyed property line. If the person who is encroached upon makes no protest, then, after the applicable time period, the person who built the fence may acquire title to the additional strip by adverse possession;
6. With heir property, where the family has no interest in paying taxes or maintaining a property, and a trespasser or squatter occupies and uses the premises;
7. In rural areas, if the true owner lives out of state and does not visit or inspect the property, they may not be aware that a squatter is occupying a part of the tract.
   In a situation where a trespasser, occupies, uses and possesses a property continuously for more than ten years, the trespasser could either bring suit to establish legal ownership, or file an affidavit setting forth the facts of the adverse possession with the county clerk’s real

estate records in the county where the property is located. Such an affidavit establishes a prima facie proof of ownership.
If you are in a situation where a person is occupying property you have without your permission, or if you have been occupying the property for a number of years, where another may have a claim and you want to acquire clear title, contact the Law Office of Elliott Klein, PLLC for a consultation.