Adverse Possession

Question 1

What is test for adverse possession?

Answer 1

HELUVA

Hostile: being on property with no right to be there (co-tenant: ouster required)

Exclusive: excluding others from possessing the property

Lasting: must lass for the statutory period (common law: 20 years)

Uninterrupted: kin

Visible: open and notorious

Actual: must actually posses the land (except: constructive AP and leasing of land not owned)

Question 2

What are the adverse possession time limits for Texas?

Answer 2

Common law: 20 years

Texas statutes:

Color of Title: if possessor is there under a color of title and has only narrow specified defects in title: 3 years

Duly registered deed and payment of taxes: if possessor is there under a recorded deed that is otherwise defective and pays all taxes: 5 years

Bare possession: if naked trespasser, 10 years, but limited to 160 acres unless larger area fenced in.

Disability: 25 years if occurred while owner had a disability at time cause of action accrued

Question 3

What is an additional requirement for adverse possession in TX?

Answer 3

need for the possessor to intend to appropriate the land as one’s own (e.g. can’t claim “I wasn’t trying to get anything that wasn’t mine)

Question 4

What is constructive adverse possession?

Answer 4

Exception to rule that there must be actual possession

e.g. X entered property under color of title (defect in title) to 100 acres, but only actually possessed 85 acres, X obtains all 100 acres

Question 5

What are additional requirements for constructive adverse possession?

Answer 5

• amount possessed must bear a reasonable relation to the whole
• property must be unitary (seamless whole)

Question 6

Can there be adverse possession against concurrent owners?

Answer 6

Yes, if possessor excludes other co-tenants and the statute runs

Question 7

When does state of limitations begin to run for a holder of a future interest?

Answer 7

It does not begin to run until the interest becomes possessory.

Question 8

If there are future interests on the estate, what does adverse possessor get?

Answer 8

Only whatever interest was held in the property at the time the adverse possession began.

Eg. If original owner had life estate at time adverse possession began ,then adverse possessor would only get life estate

Question 9

Can time be tacked for owners and possessors?

Answer 9

Multiple Possessors: can tack periods for multiple possessors, but there can’t be any gaps

Multiple Owners: can tack periods of different owners