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How To Pursue Or Resist An Adverse Possession Claim

If you have used a vacant lot as if it were your own for many years, you may have the right to make it your own through an adverse possession lawsuit. Alternatively, if an adjacent landowner claims that a portion of your property behind your garage should be theirs because they have moved it for years, you may need to defend your property rights. If your neighbor files an adverse possession claim, you should act quickly to protect your rights.

At Thomas Trial & Business Solutions, PLLC, you can get personalized civil litigation counsel as you pursue an adverse possession claim or defend yourself against one.

What Does It Take To Acquire Land Through Adverse Possession In Texas?

The explanations below summarize some of the legal requirements for taking land through adverse possession in Texas.

Effective possession involves physically occupying and managing the property as if you were the rightful owner. This control must be exclusive, ensuring that no one else is claiming ownership.

Transparent possession requires that your use of the property is evident and easily noticeable to anyone observing. It should be apparent that you consider the property yours without any attempt to conceal your occupancy.

Continuous possession mandates that you consistently occupy the property for a specific statutory duration. In Texas, this period is typically ten years, with exceptions based on circumstances. Any breaks in your possession may disrupt the continuity and potentially weaken your legal claim.

Adverse or hostile possession, despite the connotation, doesn’t imply aggression. Instead, it signifies occupying the property without the owner’s permission. Your possession must conflict with the owner’s rights, asserting your entitlement to the property.

A claim of right necessitates possessing the property with a genuine belief in your legal ownership. This belief should be grounded in a reasonable understanding of both facts and relevant laws.

Get Guidance Regarding A Potential Adverse Possession Claim

No matter whether you are in the position of a plaintiff or a defendant in an adverse possession claim, you need a knowledgeable real estate litigation attorney who will advocate skillfully on your side. For example, If you are the owner, you may need to defend yourself against an adverse possession claim.

To schedule a consultation, call 713-909-4879 or send an email inquiry. If your property is at risk, contact Thomas Trial & Business Solutions, PLLC promptly to give yourself a strong chance of protecting your property that someone wants to take through adverse possession.