The Strip You Have Been Mowing
Civ. Prac. 16.026 — 10 years for someone using the land, less with a deed or taxes, 25 at the outside
In Texas, adverse possession is an actual and visible appropriation of real property, begun and continued under a claim of right that is inconsistent with and hostile to the claim of another. Peaceable possession is possession that is continuous and not interrupted by a suit to recover the property.
| The possessor | Suit to recover is due within |
|---|---|
| The possessorUnder title or color of title | Suit to recover is due withinThree years |
| The possessorCultivating, using or enjoying it, paying the taxes, and claiming under a registered deed | Suit to recover is due withinFive years |
| The possessorCultivating, using or enjoying it | Suit to recover is due within10 years |
| The possessorCultivating, using or enjoying it, whatever the owner's legal disability | Suit to recover is due within25 years |
How much land. Without a title instrument, the 10 year rule reaches 160 acres including improvements, unless more than that is actually enclosed; then it reaches the enclosed land.
Not every deed. The five year rule does not apply to a claim based on a quitclaim deed, a forged deed, or a deed executed under a forged power of attorney. A good faith holder under a recorded deed for 25 years takes all the land the deed describes, even if the deed is void.
The statute sets the time. What kind of possession counts beyond what the statute itself says comes from Texas court decisions, which this page does not quote. Whether a particular strip of land has changed hands, and how to bring or answer an action over it, are questions for a licensed Texas attorney.
Sources for this section (6)
- Civ. Prac. 16.026 — Adverse possession: 10-year limitations period
- Civ. Prac. 16.021 — Definitions
- Civ. Prac. 16.024 — Adverse possession: three-year limitations period
- Civ. Prac. 16.025 — Adverse possession: five-year limitations period
- Civ. Prac. 16.027 — Adverse possession: 25-year limitations period notwithstanding disability
- Civ. Prac. 16.028 — Adverse possession with recorded instrument: 25-year limitations period
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.