How To Prove A Texas Adverse Possession – Lost Deed Defense
In Texas, a defense of Adverse Possession – Lost Deed is defined as:
Lost deed is a legal presumption whereby the presumption of a lost deed to land is used to find someone to be the owner of property under a long period of possession.
It simply means:
One who has occupied land for a long time but does not have a record of possession can acquire it.
There are 4 elements of the defense:
- Element 1. A deed was executed to one who has been in possession of land for a long period of time. A deed was given to someone who has been living on and using a piece of land for many years, which can help them claim ownership even if the original deed is lost, as they have established their rights through long-term possession.
Facts that might support this element look like:
* The individual has continuously occupied the property for over 15 years without interruption or permission from the original owner.
* The individual has made significant improvements to the property, including building a fence and landscaping the yard.
* Neighbors have recognized the individual as the owner of the property and have referred to them as such for many years.
* The individual has paid property taxes on the land for the past decade, demonstrating their claim of ownership.
* There has been no legal action taken by the original owner to reclaim the property during the entire period of possession. - Element 2. A long asserted and open claim is averse to that of the apparent owner. A long-standing and clear claim by one person to a piece of property can challenge the rights of the person who seems to own it, especially in cases where the original deed is lost, affecting the legal battle over who truly owns the land.
Facts that might support this element look like:
* The claimant has openly occupied the property for over 15 years without the owner’s permission, demonstrating a clear assertion of ownership.
* The apparent owner has not taken any legal action to assert their rights over the property during the entire period of the claimant’s possession.
* Neighbors have consistently recognized the claimant as the owner of the property, further supporting the claim of adverse possession.
* The claimant has made significant improvements to the property, indicating a long-term commitment to its use and maintenance.
* The apparent owner has acknowledged the claimant’s presence on the property without objection, suggesting acceptance of the claimant’s claim. - Element 3. There is no claim by the apparent owner. In an adverse possession case, “no claim by the apparent owner” means that the person who seems to own the property hasn’t taken any legal action to assert their ownership rights, which can help someone else claim the property after using it for a certain period.
Facts that might support this element look like:
* The apparent owner has not made any attempts to assert ownership of the property in question for over ten years.
* There are no recorded deeds or legal documents indicating the apparent owner’s claim to the property.
* Neighbors have testified that the apparent owner has not visited or maintained the property during the relevant time period.
* The apparent owner has not responded to any inquiries regarding the property from the current possessor.
* The property has been openly occupied and used by the current possessor without objection from the apparent owner. - Element 4. The apparent owner consents to the adverse claim in order to be presumed to have received grant or deed for property at issue. In an adverse possession case, if the person who seems to own the property agrees to the claim of someone else, it suggests they have accepted a legal document, like a grant or deed, that supports the other person’s right to the property.
Facts that might support this element look like:
* The apparent owner acknowledged the claimant’s continuous use of the property for over ten years without objection.
* The apparent owner verbally expressed support for the claimant’s improvements made to the property, indicating consent to the adverse claim.
* The apparent owner failed to take any legal action to assert their rights over the property despite being aware of the claimant’s possession.
* The apparent owner provided written correspondence that recognized the claimant’s occupancy and did not contest it.
* The apparent owner was present during community events held on the property, demonstrating tacit approval of the claimant’s use.
(See Clark v. Amoco Production Co., 794 F. 2d 967 (U.S. Court of Appeals 5th Circuit 1986).)
If you’re representing yourself in court and plan to assert a Defense of Adverse Possession – Lost Deed, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Our platform can guide you through this complex process, ensuring you’re well-prepared for your legal journey.
Prove Your TX Adverse Possession – Lost Deed Defense
U.S. Civil Cases Only