DecisionDepot
California legal research

Texas Civil Practice and Remedies Code

§ 16.028 — ADVERSE POSSESSION WITH RECORDED INSTRUMENT: 25-YEAR LIMITATIONS PERIOD

CP § 16.028Title 2. TRIAL, JUDGMENT, AND APPEAL · Part B. TRIAL MATTERS · Ch. 16. LIMITATIONS · Art. B. LIMITATIONS OF REAL PROPERTY ACTIONS

Statute text

View on source
(a)A person, regardless of whether the person is or has been under a legal disability, may not maintain an action for the recovery of real property held for 25 years before the commencement of the action in peaceable and adverse possession by another who holds the property in good faith and under a deed or other instrument purporting to convey the property that is recorded in the deed records of the county where any part of the real property is located.
(b)Adverse possession of any part of the real property held under a recorded deed or other recorded instrument that purports to convey the property extends to and includes all of the property described in the instrument, even though the instrument is void on its face or in fact.
(c)A person who holds real property and claims title under this section has a good and marketable title to the property regardless of a disability arising at any time in the adverse claimant or a person claiming under the adverse claimant.

Legislative history

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

Source: Texas Civil Practice and Remedies Code § 16.028 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.