San Antonio Express-News
March 2, 2004

Finding a Lawyer

-and-

Adverse Possession

copyright 2004, Paul Premack

People work for decades to accumulate a home, retirement funds and investments. It is their life savings. Most of them are not experts on estate planning law, community property law, divorce law or probate law. Thus a major life change (like the death of a spouse or a new marriage) should prompt a consultation with a legal expert.

Consulting with a legal expert is the best way to protect yourself, your family, and your life savings. Do not rely on forms you can buy at the office supply store. Do not rely on software packages that may be outdated or in appropriate for Texas law. Your important legal issues deserve the attention of a licensed attorney.

How do you select an attorney you can trust? The State Bar of Texas makes these recommendations:

• Ask a friend, especially one who has had a problem like yours, for the name of his or her lawyer;
• Ask another trusted professional like your doctor, minister, social worker or banker for a recommendation;
• Call your local bar association lawyer referral service (in San Antonio, call 227-1853) or call the statewide Lawyer Referral Service at 1-877-9TEXBAR;
• Look at a directory like Martindale-Hubbell at your local library or at the Texas Bar Association online (www.Texasbar.com). Look directly at lawyer websites to become familiar with their services and qualifications; and
• Investigate Board Certified Attorneys through the Texas Board of Legal Specialization (www.TBLS.org) or through accredited certifying authorities like the National Elder Law Foundation (www.NELF.org).

Dear Mr. Premack: Is there such a law as squatter’s rights in Texas? If so, how many years must pass before the squatter takes over the land? Thanks, VA

You are thinking of the "adverse possession" laws. Adverse possession means an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.

The person occupying the land is recognized as owner unless the "hostile claim of another person", who is not in possession of the land, is brought in court (a) within 3 years if the occupant’s claim is based on having "color of title," or (b) within 5 years if the occupant’s claim is based on using the land, paying taxes on the land, and having a registered deed to the land that is not a forgery, or (c) within 10 years if the occupant’s claim is based on use of the land only. This is a very brief account of a set of very complex laws. If you think they apply to you, visit an attorney who is Board Certified in Real Estate law right away.