Adverse Possession

Question 1

Continuous use

Answer 1

• TX has particular rules governing the continuity requirement.
• AP’s use must be continuous for 25 years-
• does not need to show that she paid taxes on the prop for 25 years

Question 2

Exceptions- continuous use

Answer 2

• 10 year if the land is fewer than 160 acres
• 5 years if the claimant has:
  1) cultivated, used or enjoyed the property
  2) paid taxes AND
  3) is claiming rights to the prop under a deed
  (This is often referred to as color of title where the AP acquired the deed in GF and took possession thinking she had acquired good title)
  -3 yrs- a true owner must bring suit to evict a trespasser within 3 years when the trespasser based title on color of title or an improper recording

Question 3

Tolling for disabilities

Answer 3

(pauses SOL clock)

• if the true owner of the property is disabled at the time AP commences then the 3, 5, or 10 year SOL don’t begin running
• if disabled, true owner cant eject the Ap

Question 4

terminating AP

Answer 4

-terminated when the owner files a lawsuit to recover possession of her land