This post continues our series on adverse possession in Texas, focusing on the 5-year statute of limitations. Under Texas law, a property owner must take legal action to remove an adverse possessor before the statute expires. If the owner fails to do so, the adverse possessor may file a lawsuit to obtain legal title to the property.
Adverse possession disputes frequently arise across Texas in boundary disputes, rural land use, inherited property issues, and title defects discovered during real estate transactions.
Texas Civil Practice and Remedies Code § 16.025
The Texas 5-year adverse possession statute is found in Texas Civil Practice and Remedies Code § 16.025, which provides:
(a) A person must bring suit not later than five 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;
pays applicable taxes on the property; and
claims the property under a duly registered deed.
(b) This section does not apply to a claim based on a quitclaim deed, a forged deed, or a deed executed under a forged power of attorney.
To acquire title under the Texas 5-year statute of limitations, all three statutory elements must be met.
What Qualifies as “Cultivation, Use, or Enjoyment” of Property in Texas?
Texas land varies widely—from urban lots to ranch land, coastal property, and undeveloped acreage. The law recognizes this and does not require the “highest and best use” of the property.
Instead, the use must be:
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Open and visible
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Actual
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Continuous and uninterrupted for five years
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Exclusive
The use must also be consistent with the nature of the property. Exclusivity is critical—if multiple unrelated people are using the land for a common purpose, the activity generally does not qualify as adverse possession and may instead be trespassing.
Paying Property Taxes Under Texas Adverse Possession Law
One of the most misunderstood requirements of the Texas 5-year adverse possession statute is the obligation to pay property taxes.
In Texas, anyone may pay property taxes by providing the parcel or account number to the county tax office. Proof of ownership is not required to make payment.
If you are asserting adverse possession and paying taxes:
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Pay all applicable taxes
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Maintain receipts for each year
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Keep clear records to present in litigation
Tax receipts often serve as key evidence in Texas adverse possession lawsuits.
What Is a “Duly Registered Deed” in Texas?
A duly registered deed is a deed that has been properly recorded in the county real property records. The deed must describe the same property that is being possessed.
If the legal description:
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Refers to a different property,
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Is incorrect or incomplete, or
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Is facially nonsensical,
the claimant will not meet the requirements of the 5-year statute and may need to rely on the Texas 10-year adverse possession statute instead.
Deeds That Do Not Qualify
Texas law specifically excludes:
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Quitclaim deeds
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Forged deeds
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Deeds executed under a forged power of attorney
A void deed may still qualify as a duly registered deed, unless it is void on its face. Determining whether a deed qualifies requires a fact-specific legal analysis by a Texas real estate attorney.
Texas Adverse Possession Attorney: How Holtsclaw Law Can Help
If you have:
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Used real property in Texas,
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Paid property taxes, and
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Held a recorded deed,
—but are now being told you are not the legal owner, Holtsclaw Law can help.
We commonly represent clients when:
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A title company refuses to close due to a title defect, or
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Someone files a lawsuit claiming ownership of property you possess
In either situation, a quiet title or adverse possession lawsuit is often required. Holtsclaw Law helps clients obtain a judgment declaring them the lawful owner under Texas adverse possession law.
Need Help With an Adverse Possession Issue in Texas?
If you are facing an adverse possession or title dispute anywhere in Texas, contact Holtsclaw Law to discuss your legal options and protect your property rights.