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Tex. Civ. Prac. & Rem. Code § 16.026

ADVERSE POSSESSION: 10-YEAR LIMITATIONS PERIOD

Applied in 47 court decisions — leading case Barstow v. State (1987)

Most recently applied in Estate of Savana (August 2017)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

1987199020002010201740
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.

(b) Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.

(c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor's claim extends to the boundaries specified in the instrument.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.