Statutes and regulations

§ 281.004. ADVERSE POSSESSION.

Tex. Transportation Code § 281.004 · Texas · Statutes

Code tn › Chapter 281 › Section 281.004

For purposes of this chapter, adverse possession is not established by the: (1) use of a private road by the public with the permission of the owner; or (2) maintenance with public funds of a private

§ 16.030. TITLE THROUGH ADVERSE POSSESSION.

Tex. Civil Practice and Remedies Code § 16.030 · Texas · Statutes

Code cp › Chapter 16 › Section 16.030

(a) If an action for the recovery of real property is barred under this chapter, the person who holds the property in peaceable and adverse possession has full title, precluding all claims. … (b) A person may not acquire through adverse possession any right or title to real property dedicated to public use.

§ 16.0265.

Tex. Civil Practice and Remedies Code § 16.0265 · Texas · Statutes

Code cp › Chapter 16 › Section 16.0265

ADVERSE POSSESSION BY COTENANT HEIR: 15-YEAR COMBINED LIMITATIONS PERIOD. … (c) To make a claim of adverse possession against a cotenant heir under this section, the cotenant heir or heirs claiming adverse possession must: (1) file in the deed records of the county in which the

§ 16.026.

Tex. Civil Practice and Remedies Code § 16.026 · Texas · Statutes

Code cp › Chapter 16 › Section 16.026

ADVERSE POSSESSION: 10-YEAR LIMITATIONS PERIOD. … If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.

§ 16.028.

Tex. Civil Practice and Remedies Code § 16.028 · Texas · Statutes

Code cp › Chapter 16 › Section 16.028

ADVERSE POSSESSION WITH RECORDED INSTRUMENT: 25-YEAR LIMITATIONS PERIOD. … (b) Adverse possession of any part of the real property held under a recorded deed or other recorded instrument that purports to convey the property extends to and includes all of the property described

§ 16.034. ATTORNEY'S FEES.

Tex. Civil Practice and Remedies Code § 16.034 · Texas · Statutes

Code cp › Chapter 16 › Section 16.034

(a) In a suit for the possession of real property between a person claiming under record title to the property and one claiming by adverse possession, if the prevailing party recovers possession of the … possession made a claim of adverse possession that was groundless and made in bad faith; and (2) may award costs and reasonable attorney's fees to the prevailing party in the absence of a finding described

§ 16.021. DEFINITIONS.

Tex. Civil Practice and Remedies Code § 16.021 · Texas · Statutes

Code cp › Chapter 16 › Section 16.021

In this subchapter: (1) "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 … (3) "Peaceable possession" means possession of real property that is continuous and is not interrupted by an adverse suit to recover the property.

§ 16.024.

Tex. Civil Practice and Remedies Code § 16.024 · Texas · Statutes

Code cp › Chapter 16 › Section 16.024

ADVERSE POSSESSION: THREE-YEAR LIMITATIONS PERIOD. … A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues.

§ 16.027.

Tex. Civil Practice and Remedies Code § 16.027 · Texas · Statutes

Code cp › Chapter 16 › Section 16.027

ADVERSE POSSESSION: 25-YEAR LIMITATIONS PERIOD NOTWITHSTANDING DISABILITY. … possession by another who cultivates, uses, or enjoys the property.

§ 16.025.

Tex. Civil Practice and Remedies Code § 16.025 · Texas · Statutes

Code cp › Chapter 16 › Section 16.025

ADVERSE POSSESSION: FIVE-YEAR LIMITATIONS PERIOD. … (a) A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who: (1) cultivates, uses,

§ 16.032. ADJACENT LAND.

Tex. Civil Practice and Remedies Code § 16.032 · Texas · Statutes

Code cp › Chapter 16 › Section 16.032

Possession of land that belongs to another by a person owning or claiming 5,000 or more fenced acres that adjoin the land is not peaceable and adverse as described by Section 16.026 unless: (1) the land … from the adjacent enclosed tract by a substantial fence; (2) at least one-tenth of the land is cultivated and used for agricultural purposes or used for manufacturing purposes; or (3) there is actual possession

§ 16.031. ENCLOSED LAND.

Tex. Civil Practice and Remedies Code § 16.031 · Texas · Statutes

Code cp › Chapter 16 › Section 16.031

(b) Possession of the interior tract by the owner or claimant of the surrounding land is not peaceable and adverse possession as described by Section 16.026 unless: (1) the interior tract is separated

§ 16.023. TACKING OF SUCCESSIVE INTERESTS.

Tex. Civil Practice and Remedies Code § 16.023 · Texas · Statutes

Code cp › Chapter 16 › Section 16.023

To satisfy a limitations period, peaceable and adverse possession does not need to continue in the same person, but there must be privity of estate between each holder and his successor.

§ 281.002. ACQUISITION OF PUBLIC INTEREST IN PRIVATE ROAD.

Tex. Transportation Code § 281.002 · Texas · Statutes

Code tn › Chapter 281 › Section 281.002

A county may acquire a public interest in a private road only by: (1) purchase; (2) condemnation; (3) dedication; or (4) a court's final judgment of adverse possession.

Rule 785. MAY JOIN AS DEFENDANTS, WHEN

Tex. R. Civ. P. 785 · Texas · Court rules

Texas Rules of Court › Texas Rules of Civil Procedure › Rule 785

MAY JOIN AS DEFENDANTS, WHEN The plaintiff may join as a defendant with the person in possession, any other person who, as landlord, remainderman, reversioner or otherwise, may claim title to the premises … , or any part thereof, adversely to the plaintiff.

Rule 510.21. DAMAGES ON APPEAL

Tex. R. Civ. P. 510.21 · Texas · Court rules

Texas Rules of Court › Texas Rules of Civil Procedure › Rule 510.21

DAMAGES ON APPEAL On the trial of the case in the county court the appellant or appellee will be permitted to plead, prove and recover his damages, if any, suffered for withholding or defending possession … Only the party prevailing in the county court will be entitled to recover damages Page 284 against the adverse party.

§ 7.603. CONFLICTING CLAIMS; INTERPLEADER.

Tex. Business & Commerce Code § 7.603 · Texas · Statutes

Code bc › Chapter 7 › Section 7.603

If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has a reasonable time to ascertain the validity of the adverse claims or to commence

Rule 805. DAMAGES

Tex. R. Civ. P. 805 · Texas · Court rules

Texas Rules of Court › Texas Rules of Civil Procedure › Rule 805

DAMAGES Where it is alleged and proved that one of the parties is in possession of the premises, the court or jury, if they find for the adverse party, shall assess the damages for the use and occupation

§ 17.003. SUIT AGAINST NONRESIDENT OR TRANSIENT PROPERTY OWNER.

Tex. Civil Practice and Remedies Code § 17.003 · Texas · Statutes

Code cp › Chapter 17 › Section 17.003

to property, settling a lien or encumbrance on property, or determining an estate, interest, lien, or encumbrance, a person who claims an interest in the property may sue another person who claims an adverse … The plaintiff is not required to have actual possession of the property.

28 TAC § 19.1717. Independent Review of Adverse Determinations, DIVISION 1. UTILIZATION REVIEWS

28 Tex. Admin. Code § 19.1717 · Texas · Regulations

Title 28 › Part 1 › Chapter 19 › Subchapter R › 28 TAC § 19.1717

the existence of a life-threatening condition on the basis that a prudent layperson possessing an average knowledge of medicine and health would believe that the enrollee's disease or condition is … (b) Appeal of adverse determination involving life-threatening condition.