judgm’t cor.)” Wells v. Johnson, 443 S.W.3d 479, 488 (Tex. App.—Amarillo 2014, pet. denied).
(Tex. App.—Houston [14th Dist.] 1996, no writ); Vaughan v. Anderson , 495 S.W.2d 327, 332 (Tex. Civ. App.—Texarkana 1973, writ ref’d n.r.e.). The adverse possession claimant need only use the land for some purpose to which it is adaptable, and in the same manner an ordinary owner would use the property. Fuentes v. Garcia , 696 S.W.2d 482, 485 (Tex. App.—San Antonio 1985, writ ref’d n.r.e.). Whether adverse possession has been established is ordinarily a question of fact. Bywaters v. Gannon , 686 S.W.2d 593, 595 (Tex. 1985).” Kazmir v. Benavides, 288 S.W.3d 557, 561 (Tex. App.— Houston [14th Dist.] 2009, no pet.). 8. Any attempted ouster by the record title holder after the expiration of the ten-year limitations period comes too late. Once the ten (10) limitations period has passed, to regain title, the former record title owner must commence its own adverse possession. Sterling v. Tarvin , 456 S.W.2d 529 (Tex. Civ. App.—Fort Worth 1970, writ ref’d n.r.e.). Acknowledgment of title in the record title owner after the expiration of the limitations period also does not affect title in the adverse possessor. Republic Nat’l Bank of Dallas v. Stetson , 390 S.W.2d 257 (Tex. 1965). No Fence As indicated above, this paper will look at two aspects of adverse possession concerning the ten (10) year statute – adverse possession where there is (1) no fence or (2) an incomplete fence (the character/quality of the fence is at issue ) coupled in both cases with some form of adverse possession. This part of the paper will look at the rules regarding adverse possession under the ten (10) year statute where no fence encloses the lands and analyze what amount of acreage, if any, can be claimed adversely under the statute. 1. When the adverse use relied upon by the adverse possessor to prove compliance with the statute is the grazing of livestock thereon, to support a plea of limitation the lands must be enclosed. Orsborn v. Deep Rock Oil Corp. , 153 Tex. 281, 286, 267 S.W.2d 781, 787 (1954); Dingman v. Spengler, 371 S.W.2d 416 (Tex. Civ. App. —El Paso 1963, writ ref’d.n.r.e.).
3. Section 16.026(a) requires that the record title owner, asserting its title against an adverse claimant, bring suit for title/possession, within ten (10) years from the date the cause of action accrues to the adverse claimant. Rhodes v. Cahill , 802 S.W.2d 643, 645 (Tex. 1990). The cause of action accrues upon the date of entry onto the property with the intent to claim it as the property of the adverse possessor. 4. “Peaceable possession” means possession of real property that is continuous and is not interrupted by an adverse suit to recover the property. Tex. Civ. Prac. & Rem. Code Ann. § 16.021(3).” Rhodes v. Cahill , 802 S.W.2d 643, 645 (Tex. 1990). 5. “It has been said that such possession must not only be actual, but also visible, continuous, notorious, distinct, hostile (i.e., adverse), and of such a character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant.” Rhodes v. Cahill , 802 S.W.2d 643, 645 (Tex. 1990). 6. Of the items listed in 5. above, the adverse possession must actually be visible, i.e. notice to the record title owner of the adverse nature of the claim to ownership must be visible and readily apparent to the record title owner. Rhodes v. Cahill , 802 S.W.2d 643, 645 (Tex. 1990). Stated another way, if there has been no verbal assertion of claim to the land brought to the knowledge of the landowner by the adverse claimant, the nature of the adverse possession must be open and notorious and manifested by such open or visible act or acts that knowledge on the part of the record title owner will be presumed (such as the building of a fence surrounding the claimed lands). Hopkins v. Waterstreet , 275 S.W. 303 (Tex. Civ. App.—Waco 1925, writ dism’d w.o.j.). 7. “The character of use required to establish adverse possession varies with the nature of the land and with its adaptability to a particular use.” Mohnke v. Greenwood , 915 S.W.2d 585, 593
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