Property Rights & Ownership

    Adverse Possession

    A way to gain legal title by openly possessing another owner's land without permission for the limitation period Texas law sets.

    Adverse possession can transfer title to someone who possesses another person's land in a way that is open, notorious, continuous, exclusive, and hostile, meaning without the owner's permission. Texas sets several limitation periods depending on the facts, such as shorter periods when the possessor has a recorded deed and pays the taxes, and longer periods for bare possession.

    Permission from the owner defeats the claim, because the possession is then no longer hostile.

    On the exam

    Adverse possession requires open, notorious, continuous, exclusive, and hostile possession. Texas applies tiered limitation periods rather than a single number.

    Exam trap

    If the owner gave permission, the use is not hostile and adverse possession cannot succeed.

    Tested in

    Ownership & Title (8% of the exam)

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    This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.