Adverse Possession in Texas: Can Someone Claim Your Property by Using It?
Adverse possession lets a person who openly occupies someone else's land for long enough claim legal title to it. It surprises many Texas property owners, especially those who own vacant lots, rural acreage, or property along a fence line.
What a claimant must show
Texas law requires the claimant's possession to be actual, visible, continuous, exclusive, and hostile to the true owner's claim, and it must last for the statutory period. Occasional use, shared use, or use with the owner's permission generally does not qualify.
The Texas limitations periods
3 years when the claimant holds the property under color of title.
5 years when the claimant has a recorded deed, pays taxes, and cultivates, uses, or enjoys the property.
10 years for the general claim, without a deed or color of title.
25 years even where the true owner was under a legal disability, such as being a minor.
The requirements for each period differ, and the facts matter a great deal. Not every long-term occupant wins.
Common situations that lead to disputes
A neighbor builds a fence or shed over the boundary line.
Someone uses and improves vacant or inherited land for years.
Heirs disagree about who owns a family property.
A survey shows a boundary different from what neighbors assumed.
How owners can protect themselves
Inspect your property regularly, including boundaries and vacant land.
Get a current survey if a boundary is unclear.
Give written permission for any use of your land, and keep a copy.
Respond promptly to encroachments rather than letting them continue.
Consult a real estate attorney if someone is using your land or claims they own it.
If you are the one in possession
If you have used property openly for years and believe you may have a claim, you will need evidence, such as photos, tax records, receipts for improvements, and witness statements. A claim usually requires a court judgment before title is clear, so legal guidance matters.
Davila Cobos Law Firm, PLLC helps clients in San Antonio and Laredo with real estate litigation, including boundary and title disputes.
This article provides general information, not legal advice, and reading it does not create an attorney-client relationship. Outcomes depend on the specific facts.
