Texas Civil Practice and Remedies Code

§ 16.0265 — ADVERSE POSSESSION BY COTENANT HEIR: 15-YEAR COMBINED LIMITATIONS PERIOD

CP § 16.0265Title 2. TRIAL, JUDGMENT, AND APPEAL · Part B. TRIAL MATTERS · Ch. 16. LIMITATIONS · Art. B. LIMITATIONS OF REAL PROPERTY ACTIONS

Statute text

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(a)In this section, "cotenant heir" means one of two or more persons who simultaneously acquire identical, undivided ownership interests in, and rights to possession of, the same real property by operation of the applicable intestate succession laws of this state or a successor in interest of one of those persons.

(b)One or more cotenant heirs of real property may acquire the interests of other cotenant heirs in the property by adverse possession under this section if, for a continuous, uninterrupted 10-year period immediately preceding the filing of the affidavits required by Subsection (c):

(1)the possessing cotenant heir or heirs:

(A)hold the property in peaceable and exclusive possession;

(B)cultivate, use, or enjoy the property; and

(C)pay all property taxes on the property not later than two years after the date the taxes become due; and

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Legislative history

Added by Acts 2017, 85th Leg., R.S., Ch. 742 (S.B. 1249), Sec. 1, eff. September 1, 2017.