How Long Does Adverse Possession Take in Texas?

The time required to gain legal ownership of land through adverse possession in Texas depends on a variety of factors. These include whether the claimant has a deed, has paid property taxes, or simply occupied the land over time. Texas law outlines four different time periods based on these circumstances.

Four Different Time Periods for Adverse Possession in Texas

1. The 3-Year Rule

  • This applies only when the claimant has a legal document, such as a deed, that mistakenly grants them ownership of the land.
  • The document must be valid on its face—even if it contains an error or is based on incorrect information.
  • If the claimant occupies the land continuously for three consecutive years under this belief, they may establish legal ownership.

2. The 5-Year Rule

  • The claimant must meet three requirements:
    • Continuously use the property for at least five years,
    • Pay property taxes during that time, and
    • Have a recorded deed, even if the title is technically defective.
  • This often arises when someone purchases land and later discovers that their deed mistakenly includes part of a neighbor’s property.

3. The 10-Year Rule (Most Common)

  • This rule does not require a deed or tax payments.
  • The claimant must demonstrate exclusive and continuous use of the property for ten years.
  • This applies to scenarios where someone mistakenly believes a portion of land is theirs and regularly maintains, improves, or occupies it.

4. The 25-Year Rule

  • This longer timeframe applies when the true owner has a legal disability, such as:
    • Being underage,
    • Having a mental illness, or
    • Being on active military duty.
  • This rule also allows for tacking—where successive occupants can combine their time on the land to meet the 25-year threshold.

How Do You Know Which Rule Applies?

The appropriate adverse possession period depends on the specific facts—such as how the property is used, whether taxes have been paid, and if the claimant has a deed or other documentation.

To protect your property or assess the validity of a claim, it’s important to consult a qualified Texas real estate attorney. At Guerra Days Law Group, we guide clients through every aspect of adverse possession law—from preventing squatters to defending ownership in court.

⚖️ Protect Your Property Rights

If you believe someone is occupying your land or are unsure which adverse possession rule might apply, contact Guerra Days Law Group for legal advice tailored to your situation.