Bill Text: TX HB3027 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to requirements for an affidavit of adverse possession of real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Business & Industry [HB3027 Detail]
Download: Texas-2013-HB3027-Introduced.html
83R9240 NC-F | ||
By: Zedler | H.B. No. 3027 |
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relating to requirements for an affidavit of adverse possession of | ||
real property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 16, Civil Practice and | ||
Remedies Code, is amended by adding Section 16.0235 to read as | ||
follows: | ||
Sec. 16.0235. AFFIDAVIT OF ADVERSE POSSESSION. (a) In this | ||
section, "affidavit of adverse possession" means an affidavit that | ||
attests to the date the affiant took actual and visible possession | ||
of real property to establish a limitations period to support a | ||
claim of adverse possession of the property. | ||
(b) An affidavit of adverse possession is not a document of | ||
title. | ||
(c) Not later than the 30th day before the date an affidavit | ||
of adverse possession is filed, the affiant must send written | ||
notice of the affiant's intent to adversely possess property to the | ||
last known address of each person who holds an interest in the | ||
property under a deed or other instrument filed in the deed records | ||
of the county in which the property is located. | ||
(d) An affidavit of adverse possession must be filed in the | ||
deed records of the county in which the real property is located. | ||
The affidavit must include: | ||
(1) a legal description of the property that is the | ||
subject of the adverse possession; | ||
(2) a copy of each notice sent as required by | ||
Subsection (c); and | ||
(3) the date the affiant took actual and visible | ||
possession of the property. | ||
(e) The county clerk may not record an affidavit of adverse | ||
possession that does not comply with the requirements of this | ||
section. | ||
(f) An affidavit that does not comply with the requirements | ||
of this section is void and is not admissible in evidence against | ||
any party in litigation to support a claim or defense based on a | ||
limitations period under this chapter. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an affidavit of adverse possession that is filed for record with | ||
a county clerk on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2013. |