What Is Adverse Possession? Trey Wilson - R L WILSON LAW - San Antonio Real Estate Lawyers скачать в хорошем качестве

What Is Adverse Possession? Trey Wilson - R L WILSON LAW - San Antonio Real Estate Lawyers

San Antonio Real Estate Lawyer Trey Wilson explains the Adverse Possession doctrine in Texas. Adverse possession allows a person in possession (an occupant) of land owned by someone else to acquire valid title conditioned upon proof of certain requirements are met, and continuous possession for a sufficient period of time (a limitations period). Adverse possession is a PROCESS by which one may lawfully acquire ownership of property that belongs to another. This occurs through the passage of time, proving very specific elements, and inaction on the part of the record title owner. The adverse possession doctrine “is a harsh one, taking real estate from a record owner without express consent or compensation.” Adverse possession claims accrue gradually over a number of years. The duration – 3, 5, 10 or 25 years – is statutory and depends on the specific grounds for the possessor’s claim, and the character of the property. The number of years is referred to as a limitations period because it establishes the time within which the record owner must file suit to remove the possessor or physically exclude them from the Property. Lack of timely action by the owner is vital to an adverse possessor’s claim. The adverse possessor may also file suit to establish title, but in my experience, this rarely occurs. In all cases, the adverse possessor 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 period. Adverse possession “requires an actual and visible appropriation of real property, commenced and continued under a claim of right inconsistent with and hostile to the claim of all others.” The “possession must be of such character as to indicate unmistakably an assertion of a claim of exclusive ownership.” One seeking to establish title to land by limitations has the burden of proving every fact essential to that claim and must also prove hostile intent. Paying taxes, maintaining property, occupying land or even fencing the property, alone, are not enough to establish adverse possession. Once title by adverse possession is perfected, the adverse possessor’s ownership in the is full as can be held under any other character of title.