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Dorsaneo, Texas Litigation Guide
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

17-250 Dorsaneo, Texas Litigation Guide 250.syn


Adverse Possession


Professor William V. Dorsaneo III

Chapter Summary


This chapter from Dorsaneo, Texas Litigation Guide covers the statutory and case law concerning the acquisition of title by adverse possession. The steps required to obtain an adverse possession title are covered, and procedures and methods by which a title holder of record may interrupt a period of adverse possession are described. In addition, the chapter includes forms for trespass to try title actions and actions to quiet title.

Part I of this chapter discusses the legal background of the acquisition of title by adverse possession including the manner in which title by adverse possession may be obtained, the effect of title by adverse possession, the presumption of title from the exercise of dominion and payment of taxes, prescriptive easements, and, title by circumstantial evidence. Part I of this chapter also focuses on the requirements for claiming adverse title, limitation periods, and adverse possession gained after permissive entry. Defenses to adverse possession claims against public entities and the defense of subsequent title by adverse possession are explained. Discussion of the adverse possession of mineral estates both as a portion of a fee simple acquisition and as severed from the fee estate, pleading of the statute of limitations and the availability of the recovery of attorneys' fees in adverse possession litigation complete Part I.

Part II is comprised of drafting guides and checklists for the preparation of an allegation of title by adverse possession and plaintiff's petition claiming adverse possession. Drafting guides and checklists for the preparation of an adverse possession claim as a defense and the pleading of defenses to a claim of adverse possession.

Part III consists of sample forms for the following plaintiff's pleadings: petition in trespass to try title alleging plaintiff's title by adverse possession; and, petition in suit to quiet title alleging plaintiff's title by adverse possession. Forms for defense pleadings such as an answer asserting adverse possession as a defense and an affirmative defense by record title owner, as well as a counterclaim for attorneys' fees are also included.

Part IV consists of a research guide with references to statutes and rules, case law, law reviews, periodicals, and texts.

Dorsaneo, Texas Litigation Guide (Matthew Bender) provides a step-by-step guide to civil procedure in Texas, from filing the petition through appellate procedure, with substantive practice-area topics offering legal background, checklists, forms, and research guides. It covers business entities, commercial, real estate, personal injury, family law, and probate litigation, as well as administrative proceedings.


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Trespass to try title actions are discussed in detail in Ch. 251, Trespass to Try Title, and quiet title actions are discussed in Ch. 257, Suit to Quiet Title. Prescriptive easements are covered in detail in Ch. 281, Easements. Disputes between or among adjoining landowners are discussed thoroughly in Ch. 280, Adjoining Landowners.


See Texas Civil Trial Guide (Matthew Bender) for comprehensive, authoritative, and up-to-date coverage of pleadings, motions, trial settings, continuances, consolidation and severance, jury selection, motions for judgment, and closing argument.

See Texas Real Estate Guide (Matthew Bender) for more than 540 Texas real estate transaction and litigation forms, plus step-by-step checklists on virtually all real estate matters to help the practitioner master important key issues and avoid costly errors.

See Powell on Real Property (Matthew Bender) for expert analysis on all aspects of real property law that is national in scope.

See Real Estate Transactions LexisNexis Forms (Matthew Bender) for forms covering such topics as adjoining landowners, adverse possession, brokers, common interest communities, deeds, eminent domain, environmental regulation, financing, landlord and tenant, oil and gas, property valuation, purchase and sale, restrictive covenants, title, and zoning and land use.

See A Practical Guide to Disputes between Adjoining Landowners--Easements (Matthew Bender) for expert substantive and procedural guidance for the entire range of disputes between landowners, covering easements, covenants running with the land, equitable servitudes, licenses, adverse possession, trespass, party walls, boundary disputes, nuisance, lateral and subjacent support, water and airspace rights, and landlord and tenant.
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