What is it called when a person attempts to claim ownership of property that is not owned by him?
Answer – Adverse Possession.
Here is how the law defines it:
“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. Civil Practice and Remedies Code 16.021
It is hard to prove an adverse possession claim.
Here are some (not all) elements coming from the cases:
- Have actual possession/control of the real property.
- Its open and clear to everyone that you are using it as the owner would. Not hidden use.
- Hostile use – meaning against the ownership or right of the true owner and without permission.
- Its continuous for the entire time of the relevant statute period.
There are 3, 5, 10, and 25 year periods.
This is a complicated thing to prove – but, often, people kick it off by filing an Affidavit of Adverse Possession in the county where the real estate is located.
Want to talk about Adverse Possession? Give us a call today.