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Texas Civil Practice & Remedies Code - Section 16.026. Adverse Possession: 10-Year Limitations Period

Legal Research Home > Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 16.026. Adverse Possession: 10-Year Limitations Period

§ 16.026. ADVERSE POSSESSION:  10-YEAR LIMITATIONS 
PERIOD.  (a) A person must bring suit not later than 10 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.
	(b)  Without a title instrument, peaceable and adverse 
possession is limited in this section to 160 acres, including 
improvements, unless the number of acres actually enclosed exceeds 
160.  If the number of enclosed acres exceeds 160 acres, peaceable 
and adverse possession extends to the real property actually 
enclosed.
	(c)  Peaceable possession of real property held under a duly 
registered deed or other memorandum of title that fixes the 
boundaries of the possessor's claim extends to the boundaries 
specified in the instrument.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1989, 71st Leg., ch. 764, § 1, eff. Sept. 1, 1989.

Last modified: August 11, 2007