The Texas Civil statutes that concern real estate in Texas are different sets of statutes, including property laws and civil laws.
These statutes take into consideration the laws that address the rights of individuals, thereby bringing them protection. Also, it addresses property laws, which focus on the properties of individuals (which includes real properties such as land, houses, and the materials beneath the earth and personal property, which describes jewelry and physical, movable properties.)
Texas Civil Statutes
The purpose of this statute is to support the different issues that may occur on land and property. Several legal issues surround Real estate. Whenever one of these issues files, they are often done so under civil laws.
Irrespective of the amount of time it may take to file a civil suit, a tag given to this time describes the amount of time passed during the filing of a civil suit. This tag refers to as the Statute of Limitation.
Civil Statute of Limitation
The Statute of Limitation that exists in Texas for real estate is not several, although it includes the following:
Breach of Contracts
The rental agreements concerning Civil Laws for real estate are usually made available in written form. Therefore, any breach that may occur in the agreements already written out can file within the space of 4 years.
Damage and Injury to the Personal Property
Sometimes injuries or damage often become introduced to the issue. The damage or injury could always be to the property, and the harm could be to a person. Whenever this kind of situation happens, the individual can always file a complaint. This damage can file within 2 years.
Adverse Possession
In Texas, it is a general rule for one’s ownership of land to be put to writing before the ownership can be enforceable. Therefore, to indicate that you are the true owner of the land, you would require a deed or a conveyance.
There is, however, an important exception to this rule, which refer to as adverse possession.
You could own land in the suburbs of Houston or on a ranch; you likely have several neighbors that border your land. These neighbors are likely to gain legal ownership of pieces of your property.
It does through the legal doctrine regarded as adverse possession. Thus, even unknown trespassers could use the concept to squat on your land and develop a legal claim to it.
For the above reasons, you have to ensure that your land does not change hand and that it stays yours without anybody else claiming a portion of it, irrespective of how small.
Adverse Possession refers to a legal concept that gives trespassers (often neighbors, but sometimes, a stranger) the right to gain legal ownership of the land of a property owned.
It functions in the capacity of achieving a fair result when a particular owner of a piece of property has neglected the property or forgotten it.
The property, however, was being cared for by another for a long time, such that asking the carer to leave the property would create hardship for such an individual.
This concept is often controlled by the statutes passed by the legislature of the state of Texas and also by the courts.
Requirements for Adverse Possession
There are no legal Texas Civil statutes that specify these requirements. However, the courts have established certain factors across the years. It establishes through the length of time the trespasser possesses the land and the nature of the possession. The possession must be:
- Hostile, i.e., without the permission of the true owner and against their rights
- Actual, i.e., control should exercise over the property.
- Open and notorious, i.e., the property should use openly, as the real owner would.
- Exclusive, i.e., the property should use by the trespasser alone.
- It must use continuously for the statutory period.
The statutory period for adverse possession ranges from three years and above.
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