§ 7.07 Characterizing Property Acquired by Adverse Possession

• Jurisdiction: United States
• Publication year: 2021

§ 7.07 Characterizing Property Acquired by Adverse Possession

It is unclear whether property acquired by adverse possession will be characterized as property acquired over time. A Texas case has stated that it should not be treated in that manner.³⁰⁷ The Texas Supreme Court concluded, that, prior to the satisfaction of the statutory period of possession, the occupant has no claim to the property; the first moment the occupant has a claim is when the statutory period is satisfied. Even though Texas applies the inception of title approach³⁰⁸ to acquisitions over time, if a single person begins occupying property, marries, and then the statutory possession period...