In our last blog entry on San Antonio adverse possession of real estate , we touched on the conditions of the 3 year and 5 year statute of limitations for an owner to bring an action to recover property held in adverse possession.
Under the ten (10) year statute of limitations, an owner of land must bring suit to recover land held in adverse possession by a party that cultivates, uses, or enjoys the property. This is the most common statute of limitations, since most parties in adverse possession do not hold the land under a title or deed and have not paid any real estate taxes. Without a title, theoretically, a person in adverse possession is entitled to no more than 160 acres.
The final statute of limitations is the twenty-five (25) year limitations period. This is the catch-all limitations period that applies regardless of whether the owner had a disability during the time of adverse possession. An owner who sues for recovery from an adverse possessor may under the law suffer from a disability. Texas real estate law recognizes that an original owner may have a disability such as being a minor (under 18), having an unsound mind, or serving in the military during a time of war. The time of disability is not included in a limitations period. Texas law however essentially cuts off an owner’s right to sue for recovery of land held in adverse possession regardless of disability if 25 years passes after the adverse possessor first occupies the property.