Its 2/3 of a section

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Originally Posted by moparman.9

i have used a section of land is elpaso countrt texas for several years what are my r..........its 2/3 of a section

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What??

You need to provide some detail on how you have you used the parcel, and for how long. What specific type of activities have you been doing on the land? Have you built any improvements on it? Have you been paying real estate taxes on it? Does anyone else ever use the land?

If you are hoping to acquire title by adverse possession, by what claim of right have you been using it?

I have a section of land next to this property I lease from the state of Texas my cattle ,horses and donkeys have grazed on this land for years it was fence by me also

I have been using this to range my cattle , horses and donkeys on it for years

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Originally Posted by moparman.9

I have a section of land next to this property i lease from the state of Texas my cattle ,horses and donkeys have grazed on this land for years it was fence by me also

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So you are saying that, no, you didn't ever claim that the land was yours.

I went to the beach yesterday. I found an unoccupied few square feet of sand, set up my beach chair, and spent some time there. But I didn't imagine that gave me any particular right to that patch of sand.

Nothing you have said gives you any right to the land.

Is Texas an open range state?

Assuming you have no deed to the property, then in TX you could gain adverse possession of at least a portion of the property if you openly exercise dominion over the property for ten years. Sec. 16.026 - The Ten-Year Statute (Nicknamed the “Bare Possession Statute”) covers adverse possession of real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property. Assuming you have no title to the property, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed by fence exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed. Also, you cannot take by adverse possession any property belonging to the state or political subdivision (city, county, etc).

More details here: Adverse Possession in Texas

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Originally Posted by ebaines

Assuming you have no deed to the property, then in TX you could gain adverse possession of at least a portion of the property if you openly exercise dominion over the property for ten years. Sec. 16.026 - The Ten-Year Statute (Nicknamed the “Bare Possession Statute”) covers adverse possession of real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property. Assuming you have no title to the property, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed by fence exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed. Also, you cannot take by adverse possession any property belonging to the state or political subdivision (city, county, etc).

More details here: Adverse Possession in Texas

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"Sec. 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.
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"Sec. 16.021. DEFINITIONS. In this subchapter: (1) "Adverse possession" means an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.
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So the possession must, in any case, be commenced "under a claim of right". You can't just take a piece of property because you want it and, no matter how many years, acquire title by simply "squatting" on it.

So you lease land that is adjacent to this property, not own it, correct? And you have illegally fenced in this property along with the land that you lease, correct?

Have you ever checked who owns the land?

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Originally Posted by AK lawyer

So the possession must, in any case, be commenced "under a claim of right". You can't just take a piece of property because you want it and, no matter how many years, acquire title by simply "squatting" on it.

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Why do you insist on believing that "under a claim of right" means the same thing as "color of title"? It doesn't. A "claim of right" can mean "I want it so it's mine."

You CAN just take a piece of property because you want it AND acquire title by simply squatting on it as long as you fulfill all of the requirements for ownership by adverse possession. Some states require that there be a claim under color of title. Other states do not require a claim under color of title. Texas allows a claim without color of title but requires a longer time of possession.

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Originally Posted by LisaB4657

Why do you insist on believing that "under a claim of right" means the same thing as "color of title"? ...

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I didn't say anything about color of title. The phrase "color of title" means some sort of a written document, even if the document is faulty. It is not the same concept as a claim of right.

The Texas statutory definition is this:

"Sec. 16.021. DEFINITIONS. In this subchapter: ...
(2) "Color of title" means a consecutive chain of transfers to the person in possession that: (A) is not regular because of a muniment that is not properly recorded or is only in writing or because of a similar defect that does not want of intrinsic fairness or honesty; or (B) is based on a certificate of headright, land warrant, or land scrip.
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To answer your question, I believe what I do because

• what I am saying is the common law on adverse possession, and
• the Texas statutes I have quoted make it clear that Texas doesn't deviate from that common law.

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Originally Posted by AK lawyer

I didn't say anything about color of title. The phrase "color of title" means some sort of a written document, even if the document is faulty. It is not the same concept as a claim of right.

To answer your question, I believe what I do because

• what I am saying is the common law on adverse possession, and
• the Texas statutes I have quoted make it clear that Texas doesn't deviate from that common law.

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Fine. I trust you'll continue to believe this nonsense and repeat it to people who post questions here. And I'll continue to post that you're wrong.

Welcome to the law, you have the right to hire an attorney and attempt to take possession of that land. Your attorney will take one view point ( as noted above) and if the actual owner of the property fights it, their attorney will take another view point, then the judge decides.

Have you checked as noted who owns it, are there taxes due ? Is there a mortgage on the land ?