![]() ![]() In order to establish a claim for adverse possession, a claimant must prove (1) actual possession of the disputed property (2) that is open and notorious, (3) peaceable, (4) under a claim of right, (5) and that is consistently and continuously adverse or hostile to the claim of another person for the duration of the relevant statutory period. Justiss, 202 S.W.3d 427, 438 (Tex.App.-Texarkana 2006, no pet.).Īdverse possession “requires an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.” The “possession must be of such character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant.” Hardaway v. All of these are fact issues for a court to decide. ![]() The Code defines adverse possession as “an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.” Case law adds that it must be true that the possessor of the property actually does openly possess it (the belief of entitlement to possess is insufficient), has in fact possessed it continuously for the statutory period (sporadic possession is insufficient), and peaceably asserts a claim of right adverse to and exclusive of all others (possession shared with an owner is insufficient). The statute governing adverse possession is Civil Practices & Remedies Code Sections 16.021 et seq. Classic adverse possession claims include the family that gradually takes over the empty lot next door to their home, or the rancher who has fenced an adjoining tract and pastured his cattle there for a decade.Īdverse possession refers to circumstances under which one may lawfully lay claim to ownership of property not originally one’s own. Rather than happening as a singular event, they tend to accrue incrementally over the years without notice or fanfare. The Attorney General's office will determine if legal action should be taken against fraudulent filers.Legitimate adverse possession claims are rare. Under Section 405.022 of the Texas Government Code, the Office of the Secretary of State may request the assistance of the Attorney General to determine whether a document is fraudulent before filing in the Uniform Commercial Code records. You may now check on the status of a document that was submitted for filing in the Uniform Commercial Code records within the last 30 days. You may access a list of statutes that relate to documents filed in the central filing office for more information. All accepted documents are processed in a timely manner, recorded, filed, and made available to the public upon request through SOSDirect. The Office of the Secretary of State is the central filing office for the receipt, filing, indexing and recordation of financing statements and other documents provided for under the Uniform Commercial Code and certain other lien notice statutes. The Uniform Commercial Code allows a creditor, typically a financial institution or lender, to notify other creditors about a debtor’s assets used as collateral for a secured transaction by filing a public notice (financing statement) with a particular filing office. SOSDirect: Business Searches & Formations. ![]()
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