§ 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 is satisfied during the marriage, the property is community property. Presumably no reimbursement would be warranted, unless separate funds were expended to improve the property.

If property acquired by adverse possession is considered property acquired over time, the various approaches for characterizing such property could be applied. Pursuant to the pro rata approach,³⁰⁹ the property would be characterized based upon the relative amount of time the occupant was married during the period of the statute was running. It is unclear what would be done about any funds contributed to improve the property. Under the inception of title approach³¹⁰ and the time of vesting approach,³¹¹ the property would be characterized based upon the marital states of the occupant at the time of first occupancy or when the statutory period was satisfied, respectively. It is unclear how reimbursement would be calculated.

--------

Notes:

^[307] Strong v. Garrett, 148 Tex. 265, 224 S.W.2d 471 (1949).

^[308] See § 7.02[2]...