Crook (“limitation title”) under one of the following statutes will be required for Mr. Crook to “steal” a title utilizing a forged deed as a starting place. (NOTE: Under the Ten Year Limitations Period no deed is necessarily required to perfect limitation title.) Failing to oust the true owner and claiming to own the property himself, Mr. Crook will not be able to “steal” the title but he will be able to use the forged deed in an attempt to leverage money out of an unsuspecting mortgage company/ purchaser. The following are, in the author’s opinion, the most likely adverse possession statutes to be relied on (if at all) by Mr. Crook. It must be remembered that he is not usually attempting to legally own the property but rather is attempting to illegally manipulate one or more parties into illegally into giving him money. Absent proof of adverse possession in a trespass to try title case, mere possession of a property will not give Mr. Crook “title” to it. It will require, however, potentially significant legal fees to oust Mr. Crook permanently from the premises. The question is, does the Theft of Title insurance provide those legal fees to clear the landowner’s title?
§ 16.026. Adverse Possession: 10 Year Limitations Period (Tex.Civ.Prac.&Rem.Code)
(a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property. (b) Without a title instrument , peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed. (c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor’s claim extends to the boundaries specified in the instrument. Continuous Research Into Chain of Title A purchaser of a tract of land is charged with all notice of all instruments affecting its chain of title and which have been properly filed for record in the county clerk’s office where the lands are wholly or partially located. Carlisle & Co. v King , 133 S. W. 241 (Sup. Ct. - 1910) and American Exch. Nat. Bank of Dallas v. Colonial Trust Co ., 186 S. W. 361 (Tex. Civ. App. - 1916, no writ hist.). HOWEVER, the filing of an instrument with the office of county clerk is only notice to those who are bound to search for the document and which are in his chain of title. That is, once a party acquires title to an interest in a tract of land, it is no longer required to continually inspect the county deed records to be sure that there are no documents which have been filed subsequent to his acquisition of title which could affect or impact his quality or quantity of title. “The general rule is that the registry of an instrument conveying property is notice only to those bound to search for it, such as subsequent purchasers under the grantor in a deed...” Herd v. Wade , 63 S. W. 2d. 253, 258 (Tex. Civ. App. - 1933, writ ref’d.). Owners of an interest in a tract of land are NOT required to make a continuous search to
Article § 16.024. Adverse Possession: Three Year Limitations Period (Tex.Civ.Prac.&Rem.Code)
A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues. A person holding under a void (forged) deed does not have title or color of title and is not entitled to the protection of the three-year statute of limitations. Field Measurement Serv. Inc. v. Ives , 609 S.W.2d 615 (Tex. Civ. App.— 1980, writ ref’d n.r.e.); Levitas v. Barraza , No. 13-02-510-CV (TX 7/29/2004) (Tex. 2004).
Article § 16.025. Adverse Possession: Five Year Limitations Period (Tex.Civ.Prac.&Rem.Code)
…….b) This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney. (emphasis added)
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