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    tim586's Avatar
    tim586 Posts: 1, Reputation: 1
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    #1

    Feb 16, 2007, 05:09 PM
    Texas squatters law?
    I heard from a friend, that there is an old law in Texas about getting land by staying there a certain amount of time... but I'm not sure if its true... he told me that if you stay on a pice of land that isn't owned, it will become yours after a period. I'm curious if this is true?
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #2

    Feb 16, 2007, 05:14 PM
    It's urban legend in many areas, not just Texas.
    A trespasser cannot become the owner of property by trespassing there for a period.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Feb 16, 2007, 06:19 PM
    You may be referring to ownership by adverse possession. It is very difficult to get ownership this way and requires a lot more than just staying on the land for a period. The law varies by state but the general requirements are that the person take possession of the land for a number of years (anywhere from 10 to 30 years), that the possession be open and obvious to the public, that they exclude other people from using the land, especially the owner, and in some cases they must pay the taxes.

    You can read about it at Adverse possession - what is it?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 16, 2007, 06:43 PM
    I will agree with Lisa, as I studied real estate law this law few months, there is a way to do it, but there are a long list of requirements and even then you have to file a motion in court for the land, and a judge may or may not gant it.

    But it is as stated a mim of 10 years anywhere, they have to be on the land illegally, they have to be on it publicly, ( can't be hiding), have to live on it continiously for all those years

    I doubt that anyone in today's society has ever actually gotten ownership of land that way, the courts are still very tied to deed and title law, Since it happens often that someone with a 20 year old claim to a deed shows up after property is sold and gets a claim on their original deed.
    quaint11's Avatar
    quaint11 Posts: 55, Reputation: 6
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    #5

    May 7, 2007, 10:04 AM
    It is not legend but fact, that land ownership can be transferred because of squatter rights and adverse possession. Elements for Adverse Possession [AP] vary state to state. (The land does not have to be un-owned.)


    For Texas Statutes, you can view them at (scroll to mid-page):
    http://tlo2.tlc.state.tx.us/statutes....000016.00.htm


    Texas Statutes place limitations on a landowner's right to file lawsuit and grants title to trespassers after the court has been satisfied. This realm of real estate work is a case by case situation.


    SUBCHAPTER B. LIMITATIONS OF REAL PROPERTY ACTIONS


    § 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.
    (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.
    (3) "Peaceable possession" means possession of real
    Property that is continuous and is not interrupted by an adverse
    Suit to recover the property.
    (4) "Title" means a regular chain of transfers of real
    Property from or under the sovereignty of the soil.

    Acts 1985, 69th Leg. ch. 959, § 1, eff. Sept. 1, 1985.


    § 16.022. EFFECT OF DISABILITY. (a) For the purposes of
    This subchapter, a person is under a legal disability if the person
    Is:
    (1) younger than 18 years of age, regardless of
    Whether the person is married;
    (2) of unsound mind; or
    (3) serving in the United States Armed Forces during
    Time of war.
    (b) If a person entitled to sue for the recovery of real
    Property or entitled to make a defense based on the title to real
    Property is under a legal disability at the time title to the
    Property vests or adverse possession commences, the time of the
    Disability is not included in a limitations period.
    (c) Except as provided by Sections 16.027 and 16.028, after
    The termination of the legal disability, a person has the same time
    To present a claim that is allowed to others under this chapter.

    Acts 1985, 69th Leg. ch. 959, § 1, eff. Sept. 1, 1985. Amended
    By Acts 1987, 70th Leg. ch. 1049, § 57, eff. Sept. 1, 1987.


    § 16.023. TACKING OF SUCCESSIVE INTERESTS. To satisfy a
    Limitations period, peaceable and adverse possession does not need
    To continue in the same person, but there must be privity of estate
    Between each holder and his successor.

    Acts 1985, 69th Leg. ch. 959, § 1, eff. Sept. 1, 1985.


    § 16.024. ADVERSE POSSESSION: THREE-YEAR LIMITATIONS
    PERIOD. A person must bring suit to recover real property held by
    Another in peaceable and adverse possession under title or color of
    Title not later than three years after the day the cause of action
    Accrues.

    Acts 1985, 69th Leg. ch. 959, § 1, eff. Sept. 1, 1985.


    § 16.025. ADVERSE POSSESSION: FIVE-YEAR LIMITATIONS
    PERIOD. (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:
    (1) cultivates, uses, or enjoys the property;
    (2) pays applicable taxes on the property; and
    (3) claims the property under a duly registered deed.
    (b) This section does not apply to a claim based on a forged
    Deed or a deed executed under a forged power of attorney.

    Acts 1985, 69th Leg. ch. 959, § 1, eff. Sept. 1, 1985.


    § 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.


    § 16.027. ADVERSE POSSESSION: 25-YEAR LIMITATIONS PERIOD
    NOTWITHSTANDING DISABILITY. A person, regardless of whether the
    Person is or has been under a legal disability, must bring suit not
    Later than 25 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.

    Acts 1985, 69th Leg. ch. 959, § 1, eff. Sept. 1, 1985.


    § 16.028. ADVERSE POSSESSION WITH RECORDED INSTRUMENT:
    25-YEAR LIMITATIONS PERIOD. (a) A person, regardless of whether
    The person is or has been under a legal disability, may not maintain
    An action for the recovery of real property held for 25 years before
    The commencement of the action in peaceable and adverse possession
    By another who holds the property in good faith and under a deed or
    Other instrument purporting to convey the property that is recorded
    In the deed records of the county where any part of the real
    Property is located.
    (b) Adverse possession of any part of the real property held
    Under a recorded deed or other recorded instrument that purports to
    Convey the property extends to and includes all of the property
    Described in the instrument, even though the instrument is void on
    Its face or in fact.
    (c) A person who holds real property and claims title under
    This section has a good and marketable title to the property
    Regardless of a disability arising at any time in the adverse
    Claimant or a person claiming under the adverse claimant.

    Acts 1985, 69th Leg. ch. 959, § 1, eff. Sept. 1, 1985.


    § 16.029. EVIDENCE OF TITLE TO LAND BY LIMITATIONS. (a)
    In a suit involving title to real property that is not claimed by
    This state, it is prima facie evidence that the title to the
    Property has passed from the person holding apparent record title
    To an opposing party if it is shown that:
    (1) for one or more years during the 25 years preceding
    The filing of the suit the person holding apparent record title to
    The property did not exercise dominion over or pay taxes on the
    Property; and
    (2) during that period the opposing parties and those
    Whose estate they own have openly exercised dominion over and have
    Asserted a claim to the land and have paid taxes on it annually
    Before becoming delinquent for as long as 25 years.
    (b) This section does not affect a statute of limitations, a
    Right to prove title by circumstantial evidence under the case law
    Of this state, or a suit between a trustee and a beneficiary of the
    Trust.

    Acts 1985, 69th Leg. ch. 959, § 1, eff. Sept. 1, 1985.


    § 16.030. TITLE THROUGH ADVERSE POSSESSION. (a) If an
    Action for the recovery of real property is barred under this
    Chapter, the person who holds the property in peaceable and adverse
    Possession has full title, precluding all claims.
    (b) A person may not acquire through adverse possession any
    Right or title to real property dedicated to public use.

    Acts 1985, 69th Leg. ch. 959, § 1, eff. Sept. 1, 1985.

    ---------------------------------------------------------------

    In Texas, the philosophy is "Use it or Lose it". I have noticed in the internet world, stories abound of Texas being the hardest to assert Adverse Possession. This simply is not true, especially among the poorest of Texas' counties. I'm aware of some properties being acquired in less than two years, depending on the property's circumstances.

    Most recently, a fellow investor acquired a property after only five years of "Adverse Possession". One method of supporting AP is by recording an statement of peaceful possession with the county register of deeds and titles. This instrument is most useful in establishing a time frame of possession when filing for a "Quiet title".
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #6

    May 7, 2007, 05:30 PM
    Well, Alaska apparently will still let you claim land under conditions similar to the old Homestead Act:

    In 1862, Congress passed the revolutionary Homestead Act that sent thousands of Americans west in pursuit of free land. Any man 21 years of age or over was eligible to stake out 160 acres of land for less than $20. After filing their intentions, homesteaders were required to live on the land, build a residence, and farm at least 10% of it within five years before a legal patent for the land was issued. After Alaska was purchased by the U.S. homesteaders began claiming land in Alaska. Homesteaders ranged from dairy and agricultural farmers to miners and wilderness pioneers living a subsistence lifestyle. Though homesteading in most of the U.S. began to rapidly diminish in the early 20th century, it remained a viable method of settling Alaska. The Homestead Act was finally repealed in 1976, though Alaska was granted an extension until 1986. In its 114 active years, 10% of U.S. land was settled under the act, including significant portions of Alaska. Document extending the Homestead Act in Alaska.

    Since the 1986 repeal, there has been no federal homesteading program in Alaska; the State of Alaska, however, created public land disposal programs starting with statehood in 1959. Initially, the state sold land primarily through auctions and then through land lotteries after 1978. In 1977 the Homesite Law provided for "free land" with provisions similar those of the federal Homestead Act. In 1984, the Homestead Program was initiated, allowing for the claim of 40 non-agricultural acres or 160 agricultural acres of land. The requirements for homesteaders eventually came to include U.S. citizenship and residency in Alaska for one year prior to filing as well as certain surveying, clearing and building obligations. After 1988, all parcels eligible for homesteading were first staked out by the Alaska Department of Natural Resources.

    The DNR fact sheet "Land for Alaskans" outlines the different programs of land disposals offered by DNR as well as contact information for other agencies offering land for sale within the state. Today, the DNR primarily sells state lands for private or commercial use through public sealed bids. Parcels that are not sold through these auctions are offered for sale over-the-counter.

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