will not have color of title, a title document or muniment of title to the stranded parcel. This is the presumption of this statute. It only applies to the ten year statute. The stranded parcel is land- locked but it is not treated as fenced by the fence that encloses the tract of land surrounding the landlocked parcel. If the successor to the original developer wants to claim adverse possession of these tracts, then the adverse possessor must cultivate at least one tenth of the land-locked parcel, use at least one tenth of the land-locked parcel in a manufacturing purpose, or go to the expense of fencing the land-locked parcel with a designed enclosure and then occupying the “fenced in” tract for the requisite ten year period. Adjacent Land A similar rule applies to land adjacent to a large landowner. This rule also applies in the ten year limitations context. Section 16.032, Tex. Civ. Prac. & Rem. Code, provides: 16.032. Adjacent Land Possession of land that belongs to another by a person owning or claiming 5,000 or more fenced acres that adjoin the land is not peaceable and adverse as described by Section 16.026 unless:
CONCLUSION:
Unfortunately, attorneys representing adverse possession claimants rarely are retained at the inception of adverse possession, hence no pertinent advice relative to the location and construction of fences is possible. Instead, the attorney is presented with a fact situation that is already fixed, especially concerning the location, use, who built the fence (if any) surrounding the tract of land at issue and why it was built. What is significant from the foregoing analysis is that the act of building a fence by the adverse possession claimant adds significantly to its claim of adverse possession of the lands surrounded by the fence since such construction is an act of hostile intent specifically defining the extent of the claim of adverse possession as required by the adverse possession statutes.
© Terry E. Hogwood 2020 Law Office of Terry E. Hogwood Website – terryehogwoodattorney.com OFFICE: 713.823.4949 E-Mail – terrye.hogwood@gmail.com
(1) the land is separated from the adjacent enclosed tract by a substantial fence;
Articles are not intended to be and should not be relied upon as legal advice or to establish any kind of an attorney-client relationship with the author. Please contact the author of this article if you have any questions
(2) at least one-tenth of the land is cultivated and used for agricultural purposes or used for manufacturing purposes; or
(3) there is actual possession of the land.
If a 5,000 or more fenced acre landowner occupies your adjacent tract, the ten year statute will not ripen into full title unless certain conditions are met. The adjacent tract must be separate from the 5,000 acre fenced tract. The separateness must be by a substantial fence which usually means one capable of turning cattle. Secondly, at least one tenth of the adjacent tract must be used for cultivation of agricultural products or used for manufacturing purposes. Finally, the 5,000 acre fenced tract owner must be in actual possession of the land.
Avoid headaches from explaing the ins and outs of royalty ownership to your interest owners...
• Fact-filled pamphlets and books
...Let us help!
• Royalty management seminars
National Association of Royalty Owners 7030 S Yale Ave. Suite 404, Tulsa, OK 74136 www.naro-us.org Phone: 918-794-1660 Fax: 918-794-1662
• Royalty owner helpline
• Web site education resources
21
G rowth T hrough E ducat i on - A pr i l / M ay / J une 2022
Made with FlippingBook - Online catalogs