assertion of a claim under Article 16.029:
key component to be able to assert compliance with the express dictates of the statute. These two cases point out an important element in proving the payment of taxes on the contested area – the title claimant to such lands must affirmatively prove it paid taxes not only on its land but also on the lands the fence encroached upon. The presumption, as these cases point out, is that the taxpayer is presumed to be paying taxes on and only on lands it owns. In the author’s opinion, in order to bring Article 16.029 effectively into a title dispute over lands where a fence is improperly located, the title claimant will have to separately render the lands the fence encroached upon and pay taxes on such lands for the twenty-five (25) years in order to comply with said article. Without separately rendering the encroached lands, the title claimant will not be able to prove that it paid taxes on the lands the fence encroached upon. The author has noted this statute many times when researching adverse possession for various clients – and ignored it. Given the paucity of cases on its interpretation, apparently many other title examiners/litigators have likewise ignored the power of the Dominion Statute. Its simple proof elements and ability to solve ancient title problems cannot be emphasized enough. The Dominion Statute’s time to assist in title clearance related matters has just begun.
1. Dominion under the statute cannot be established unless there is actual drilling for/producing oil and gas. 2. Unless there is production of oil and gas, the title claimant cannot prove that it paid taxes on the severed mineral estate for the requisite period of time. COMMENT: The author cannot find any direct evidence that the Texas Legislature, in 1930, intended to create a methodology whereby an in possession co-tenant (of a fee simple interest) could oust an out of possession co-tenant by use of the surface amounting to less than adverse possession coupled with a no-notice requirement ie proof that the out of possession co-tenant knew of the claim of ownership of the full fee simple interest by the in-possession co-tenant is not a proof component of the Dominion Statute. The only proof of the elements under the Dominion Statute needed to establish a prima facie case that title to the lands at issue passed to the title claimant are the two steps set out above. It appears to the author that the only area of contention which could be made by an out of possession co-tenant is whether or not the in-possession co-tenant actually claimed (to own all of the fee simple interest) in and to the lands at issue for the twenty-five year time requirement. As seen in this article, case law is more than sparse on exactly how a claim is to be proved. If a long enough time has passed, it may be that not only testimony from the in-possession co- tenant but also reputation testimony from citizens in the area might be admissible to prove that the in-possession co-tenant claimed to own the full fee simple interest in the lands at issue for the full twenty-five (25) year time period. The two cases cited in Footnote 24 add a requirement to the numerous claims found in both urban and rural settings concerning a claim to lands due to an improperly located fence. Specifically, many fences are simply not located exactly on the property line separating two properties. Where significant time has elapsed, often more than twenty-five (25) years since the construction of the fence, the encroaching landowner is seen in reported cases to be claiming ownership of the lands encroached upon by the improperly located fence under the adverse possession statutes. With regard to the Dominion Statute, payment of taxes for the requisite period of time is a
© Terry E. Hogwood 2025
Terry E. Hogwood is an oil, gas and title attorney with a solo practice in Houston, Texas. He is of counsel to The Chaffin Law Firm. Terry has been practicing oil and gas law since 1973; first for 13 years with
four major oil companies in Houston, Texas and in private practice thereafter since 1986. His practice fo- cuses on traditional oil and gas title examination, daily oil and gas transactional document drafting (oil and gas leases, farm-ins/farm-outs, assignments, deeds etc.) and litigation support in oil and gas cases with a spe- cial focus on the preparation of traditional Texas will packages. Terry was the founder and first President of the Oil, Gas & Mineral Law Section of the Houston Bar Association.
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G rowth T hrough E ducat i on - J anuary / F ebruary / M arch 2026
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