bill stretching adverse possession deadlines to nearly a century

The text as introduced · 366 words

89R1158 ATP-D

By: Kolkhorst
S.B. No. 534

A BILL TO BE ENTITLED

AN ACT

relating to the statutes of limitations for certain suits to

recover real property held by another in adverse possession.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 16.022(c), Civil Practice and Remedies

Code, is amended to read as follows:

(c) Except as provided by Section [ Sections 16.027 and ]

16.028, after the termination of the legal disability, a person has

the same time to present a claim that is allowed to others under

this chapter.

SECTION 2. Section 16.024, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 16.024. ADVERSE POSSESSION: 97-YEAR [ 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 97 [ three ] years after the

day the cause of action accrues.

SECTION 3. The heading to Section 16.025, Civil Practice

and Remedies Code, is amended to read as follows:

Sec. 16.025. ADVERSE POSSESSION: 98-YEAR [ FIVE-YEAR ]

LIMITATIONS PERIOD.

SECTION 4. Section 16.025(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) A person must bring suit not later than 98 [ 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, or enjoys the property;

(2) pays applicable taxes on the property; and

(3) claims the property under a duly registered deed.

SECTION 5. The heading to Section 16.026, Civil Practice

and Remedies Code, is amended to read as follows:

Sec. 16.026. ADVERSE POSSESSION: 99-YEAR [ 10-YEAR ]

LIMITATIONS PERIOD.

SECTION 6. Section 16.026(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) A person must bring suit not later than 99 [ 10 ] years

after the day the cause of action accrues to recover real property

held in peaceable and adverse possession by another who cultivates,

uses, or enjoys the property.

SECTION 7. Section 16.027, Civil Practice and Remedies

Code, is repealed.

SECTION 8. This Act takes effect September 1, 2025.