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Adverse possession in Texas

In Texas, an owner generally must sue within 10 years to recover land held by someone who cultivates, uses, or enjoys it (Tex. Civ. Prac. & Rem. Code 16.026).

Statute text read October 8, 2026 on the state's own code site. A law summary for owners, not legal advice: ask a lawyer licensed in Texas about a real claim.

How long it takes in Texas

Against a possessor holding under title or color of title, the owner must sue within three years (Tex. Civ. Prac. & Rem. Code 16.024).

The period is five years against a possessor who pays the applicable taxes and claims under a duly registered deed (Tex. Civ. Prac. & Rem. Code 16.025).

Source: TX ten years

What the statute requires

Texas defines adverse possession as an actual and visible appropriation of real property, begun and continued under a claim of right (Tex. Civ. Prac. & Rem. Code 16.021).

Without a title instrument, a 10-year claim is limited to 160 acres unless more land is actually enclosed (Tex. Civ. Prac. & Rem. Code 16.026).

Source: TX definition

Land and people the clock does not run against

No right or title to real property dedicated to public use can be gained by adverse possession (Tex. Civ. Prac. & Rem. Code 16.030).

Source: TX public use land

Common questions

How many years for adverse possession in Texas?

In Texas, an owner generally must sue within 10 years to recover land held by someone who cultivates, uses, or enjoys it (Tex. Civ. Prac. & Rem. Code 16.026).

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