Affidavit of Adverse Possession in Texas: What Property Owners Must Know
An Affidavit of Adverse Possession can be a powerful legal tool in Texas—but only when executed correctly and with strategic legal guidance. At Guerra Days Law Group, we regularly advise property owners, real estate investors, and claimants on adverse possession matters throughout the state. If you are considering filing or defending against such an affidavit, understanding its purpose and pitfalls is critical.
What Is an Affidavit of Adverse Possession?
This affidavit is a sworn legal statement filed in the public property records asserting a person’s claim to ownership based on prolonged, open, exclusive, and hostile possession. While the affidavit itself does not transfer ownership, it can serve as crucial evidence in future title litigation.
Legal Requirements for a Valid Affidavit
To support a viable adverse possession claim under Texas law, the affidavit must include several essential elements:
- Description of the Property
- Precise legal description (metes and bounds or lot/block)
- Reference to prior deeds or surveys, if available
- Claimant’s Identity and Intent
- Full legal name and contact details
- Statement of intent to claim ownership
- Details of Possession
- Open & Notorious: Visible occupation or improvement
- Exclusive: Not shared with legal owner or others
- Hostile: Without the owner’s permission
- Continuous: Unbroken use for 3, 5, 10, or 25 years
- Statutory Period Fulfillment
- Clarification of the adverse possession statute being invoked
- Supporting facts to demonstrate compliance
- Tax Payments & Improvements (When Applicable)
- Evidence of timely tax payments (for 5-year statute)
- Descriptions of fencing, structures, or land improvements
Common Pitfalls That Can Undermine Your Affidavit
Filing an affidavit does not automatically convey legal title. Many affidavits fail due to:
- Incomplete legal descriptions or vague property references
- Insufficient documentation of use, taxes, or improvements
- Premature filing without meeting the required timeline
- Improper recording or failure to notarize and index the affidavit correctly
Our attorneys ensure your affidavit is thoroughly prepared and legally defensible from the outset.
Where and How to File
The affidavit must be filed in the county clerk’s office where the property is located. It must be notarized and recorded properly to become part of the public record. Filing errors can derail your claim or lead to litigation—working with an experienced attorney reduces that risk significantly.
What Happens After Filing?
Filing is often the first step in a larger legal process. Follow-up actions may include:
- Initiating a quiet title or trespass-to-try-title lawsuit
- Providing notice to the legal owner
- Defending the affidavit if challenged
At Guerra Days Law Group, we represent clients in both asserting and defending adverse possession claims in court.
Can Property Owners Fight Back?
Yes. Legal owners have several options to challenge adverse possession claims, such as:
- Proving breaks in possession
- Showing the use was permissive, not hostile
- Demonstrating that the required statutory period has not been met
- Filing a quiet title counterclaim to protect their interest
Time is critical—if you’ve discovered an affidavit filed against your property, seek legal representation immediately.
Why Work with Guerra Days Law Group?
We specialize in adverse possession litigation and document preparation across Texas. When you choose our firm, you receive:
- Tailored legal strategy for your specific situation
- Meticulous affidavit drafting and filing
- Courtroom experience across Texas counties
- End-to-end representation from filing to final judgment
Frequently Asked Questions (FAQs)
Q: Does filing an affidavit automatically give me the land?
A: No. The affidavit supports your claim, but legal title must be confirmed by a court.
Q: Can government land be claimed through adverse possession?
A: Generally, no. Texas law prohibits adverse possession of public land.
Q: How long does the legal process take?
A: It varies, but adverse possession litigation may take several months to years.
Q: Can heirs continue a deceased claimant’s possession?
A: Yes, in many cases, heirs can continue the claim if possession remains uninterrupted.
📞 Contact Guerra Days Law Group Today
Whether you need to file an affidavit or defend against one, Guerra Days Law Group is here to help. Contact us today to protect your rights and gain clarity in your property ownership situation.