Can I Legally Claim Ownership of Someone Else’s Land? (Adverse Possession in Texas)
When most people think of “claiming” someone else’s land, they picture an Old West land grab. However, in modern Texas law, the concept of adverse possession still very much exists.It’s a narrow and complicated legal path to ownership, allowing someone to claim property they’ve used openly, continuously, and without permission for a set period of time.
Understanding when and how Texas law recognizes adverse possession can help property owners protect their rights.
What Is Adverse Possession?
Adverse possession is a legal doctrine that allows a person who has possessed another’s property for a set number of years, and under certain conditions, to potentially gain legal title to that property.
In Texas, this is sometimes referred to as “squatters’ rights.” The law sets a very high bar for someone to succeed in an adverse possession claim. Texas law makes these claims extremely difficult to prove and even harder to win.
The Legal Requirements in Texas
Texas law sets very specific requirements for proving adverse possession. Because courts interpret the statute narrowly, each element must be fully satisfied for a claim to succeed:
Hostile Possession
They must occupy the land without permission from the owner.
Actual Possession
They must physically use the land, such as building a fence, cultivating crops, or making improvements.
Open and Notorious
Their use of the land must be obvious enough that the true owner could notice it.
Exclusive Possession
They must possess the land as if they were the rightful owner, not sharing with the true owner or the public.
Continuous Possession
They must maintain this possession for the legally required period of time.
Time Periods That Apply
Texas law sets out different timeframes under which adverse possession claims can be made:
3 years – With some form of “color of title” (such as a faulty deed).
5 years – If the person cultivates, uses, or pays taxes on the land and has a deed, even if flawed.
10 years – Without a deed, the possessor must continuously use the property. This is the most common timeframe people refer to.
25 years – In certain cases, long-term possession can ripen into ownership even if the original owner had a legal disability (such as being a minor at the start).
Why These Cases Are Difficult
Adverse possession is not an easy path to ownership. Texas courts apply these rules strictly, and the burden of proof falls entirely on the person making the claim.
For property owners, this means you generally don’t have to worry about “losing” your land overnight. But if you neglect or abandon property for years, you could risk an adverse possession claim.
For claimants, it means you must meet every requirement, document your use carefully, and often face a court battle.
Protecting Yourself as a Landowner
If you own property in Texas — even vacant or rural land — here are steps you can take to protect your rights:
Visit or inspect your property regularly.
Post “No Trespassing” signs and keep fences in repair.
Lease the land or grant written permission if someone else is using it (this interrupts hostile possession).
Pay property taxes consistently.
Should You Pursue an Adverse Possession Claim?
If you believe an adverse possession issue may affect property you use or own, seek guidance from a real estate attorney right away. Due to the fact that these cases turn on very specific facts and documentation, legal advice is essential to protect your rights.
Defending What’s Rightfully Yours
Yes, Texas law does allow someone to claim ownership of another person’s land through adverse possession, but it’s rare, difficult, and almost always contested. Whether you’re concerned about protecting your property rights or facing a potential adverse possession issue, an experienced real estate attorney can help you understand your options.
LDG PLLC provides the legal guidance you need to protect your land and resolve property disputes with confidence. Contact us today and let’s review your property together.