In prior posts, we discussed adverse possession under Texas law and the 3-year, 5-year, and 10-year statutes of limitations. This post addresses a very specific and increasingly important statute—the 15-year cotenant heir adverse possession statute found in Texas Civil Practice and Remedies Code § 16.0265.
This statute was enacted to address a common Texas problem: inherited property with multiple heirs where only one heir actually uses, maintains, and pays taxes on the land for decades.
Texas Civil Practice and Remedies Code § 16.0265
Adverse Possession by Cotenant Heir: 15-Year Combined Limitations Period
Section 16.0265 allows one or more cotenant heirs to acquire the ownership interests of other cotenant heirs through adverse possession—but only if very specific statutory requirements are met.
Although commonly referred to as the “15-year statute,” the law actually combines:
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10 years of qualifying possession, and
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5 additional years for other heirs to contest the claim after formal notice is given.
What Is a “Cotenant Heir” Under Texas Law?
A cotenant heir is one of two or more people who:
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Inherit undivided ownership interests in the same property
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At the same time
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Through Texas intestate succession laws
This situation most often arises when property passes without a will, leaving multiple heirs who all technically own the land—even if only one heir lives on it, maintains it, or pays taxes.
When Can a Cotenant Heir Claim Adverse Possession in Texas?
Under Section 16.0265, one or more cotenant heirs may acquire the interests of the other heirs if, for a continuous and uninterrupted 10-year period immediately before filing the required affidavits, the possessing cotenant heir(s):
Must Have:
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Peaceable and exclusive possession of the property
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Cultivated, used, or enjoyed the property
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Paid all property taxes, no later than two years after they became due
And During That Same 10-Year Period, No Other Cotenant Heir May Have:
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Contributed to taxes or maintenance
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Challenged the possessing heir’s exclusive possession
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Asserted claims such as rental rights
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Filed notice of their ownership interest in the county deed records
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Entered into a written agreement allowing possession without forfeiting ownership
If any of these occur, the statute will not apply.
Required Affidavits and Notice Under Section 16.0265
To assert adverse possession against other cotenant heirs, the possessing heir(s) must:
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File in the county deed records:
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An affidavit of heirship, and
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An affidavit of adverse possession
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Publish notice of the claim in a newspaper of general circulation for four consecutive weeks
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Send written notice by certified mail to the last known addresses of all other cotenant heirs
The affidavit of adverse possession must include:
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A legal description of the property
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Proof of exclusive possession and use
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Evidence of tax payments
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An attestation that no cotenant heir preserved their interest during the 10-year period
The Additional 5-Year Limitations Period
After the affidavits are filed, other cotenant heirs have five years to:
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File a controverting affidavit, or
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File a lawsuit to recover their interest
If no action is taken within that five-year window—and no prior notice preserving ownership was filed—title vests fully in the possessing cotenant heir(s), and all other claims are barred under Section 16.030.
This is why the statute is commonly referred to as a 15-year combined limitations period.
Acreage Limits Under the 15-Year Cotenant Heir Statute
Without a written title instrument, adverse possession under this statute is generally limited to 160 acres, including improvements. If more than 160 acres are actually enclosed, possession may extend to the enclosed area.
If possession is held under a duly registered deed or memorandum of title, possession extends to the boundaries described in that instrument.
Why This Statute Matters in Texas
The 15-year cotenant heir statute is especially important in Texas because of:
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Multi-generation inherited land
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Rural and family property
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Unprobated estates
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Heirs who leave the property but never formally convey their interest
This statute provides a clear, structured path to title for heirs who have carried the burden of ownership while others have done nothing to preserve their rights.
How Holtsclaw Law Handles Cotenant Heir Adverse Possession Cases
Section 16.0265 is procedural, technical, and unforgiving. Missing a step—or filing incorrect affidavits—can completely defeat a claim.
Holtsclaw Law assists Texas clients with:
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Cotenant heir adverse possession analysis
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Affidavit preparation and recording
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Quiet title litigation
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Defense against improper heirship claims
If you are living on inherited property and paying the taxes—or if you are an heir whose interest may be at risk—legal advice is critical.
Coming Next in This Series
In the next post, we will discuss the 25-year adverse possession statute in Texas, which serves as the final cutoff for long-term possession claims, even in the presence of legal disabilities or severe title defects.