Most people acquire ownership rights by making an intentional purchase or through an inheritance. However, some people acquire property owner status through legal technicalities. There are laws in Texas that may give one party that openly uses a property the potential to become the official owner of that property by taking legal action.
Under adverse possession laws, those living on someone else’s property in Texas can ask the court to grant them legal ownership. Cases involving adverse possession or squatter’s rights can lead to those with legitimate ownership interests losing property to those who live there without permission.
How long must possession last for adverse possession claims?
People who intend to make adverse possession claims have to maintain continual occupancy of the property in question. Depending on the circumstances, they may need to farm crops on that land or pay taxes for it.
Their possession usually needs to be out in the open, meaning they don’t pack up and hide whenever the true owner comes for a visit. Depending on the circumstances, those living at a property without permission could initiate adverse possession claims in the Texas civil courts in as little as three years.
However, the party making the claim must have the color of title, which means they have paperwork such as deeds affirming their ownership in the property. They also need to have paid taxes on the property. Other times, claims of adverse possession can occur after five years of continual possession of the property. Such cases require cultivation of the land and tax payments by the squatting party.
After 10 years of adverse possession, the party making the claim does not need the color of titles or a history of tax payments. They do not need to cultivate the land. They simply need to have occupied it openly and without interruption.
Adverse possession rules make careful maintenance of property crucial. Property owners, especially those who acquire vacant land, need to watch carefully to ensure that neighbors or squatters don’t try to take possession of their land or cultivate it without a written lease.
Responding assertively in civil court by initiating real estate litigation can potentially prevent squatters or neighbors from eventually having grounds to claim ownership of property that belongs to someone else. Land disputes can sometimes lead to the loss of property if people aren’t assertive about defending their resources.