The Texas Civil statutes that concern real estate in Texas are a different set of statutes and they include both property laws and civil laws.
These statutes take into consideration the laws that address the rights of individuals thereby bringing them protection and also, it addresses property laws, which focuses 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, properties that are movable.)
Texas Civil Statutes
The purpose of this statute is to support the different issue that may occur on land and property. There are several legal issues that surround Real estate. Whenever one of these issues are filed, they are often done so under civil laws.
Irrespective of the amount of time it may take’ to file a civil suit, there is a tag given to this time period that describes the amount of time that passed during the filing of a civil suit. This tag is referred 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. Any breach that may occur in the agreements already written out can be filed 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 be filed within a period of 2 years.
In the state of Texas, it is a general rule for one’s ownership of land to be put to writing, before the ownership can be enforceable. In order 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 is referred to as adverse possession.
You could own land in the suburbs of Houston or on a ranch, it is highly likely that you have several neighbors that border your land. These neighbors are likely to gain legal ownership to pieces of your property.
This is done through the legal doctrine regarded as adverse possession. Even unknown trespassers could use the concept to squat on your land and develop a legal claim to it.
It is for the above reasons that 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 (which are 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 is established 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 be exercised over the property.
- Open and notorious i.e the property should be used openly, as the real owner would.
- Exclusive i.e. the property should be used by the trespasser alone.
- It must be used continuously for the statutory period.
The statutory period for adverse possession ranges from three years and above.
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