Bill Text: TX SB1249 | 2017-2018 | 85th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to adverse possession of real property by a cotenant heir against other cotenant heirs.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-12 - Effective on 9/1/17 [SB1249 Detail]

Download: Texas-2017-SB1249-Engrossed.html
 
 
  By: West S.B. No. 1249
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to adverse possession of real property by a cotenant heir
  against other cotenant heirs.
         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 16.0265 to read as
  follows:
         Sec. 16.0265.  ADVERSE POSSESSION BY COTENANT HEIR: 15-YEAR
  COMBINED LIMITATIONS PERIOD. (a)  In this section, "cotenant heir"
  means one of two or more persons who simultaneously acquire
  identical, undivided ownership interests in, and rights to
  possession of, the same real property by operation of the
  applicable intestate succession laws of this state or a successor
  in interest of one of those persons.
         (b)  One or more cotenant heirs of real property may acquire
  the interests of other cotenant heirs in the property by adverse
  possession under this section if, for a continuous, uninterrupted
  10-year period immediately preceding the filing of the affidavits
  required by Subsection (c):
               (1)  the possessing cotenant heir or heirs:
                     (A)  hold the property in peaceable and exclusive
  possession;
                     (B)  cultivate, use, or enjoy the property; and
                     (C)  pay all property taxes on the property not
  later than two years after the date the taxes become due; and
               (2)  no other cotenant heir has:
                     (A)  contributed to the property's taxes or
  maintenance;
                     (B)  challenged a possessing cotenant heir's
  exclusive possession of the property;
                     (C)  asserted any other claim against a possessing
  cotenant heir in connection with the property, such as the right to
  rental payments from a possessing cotenant heir;
                     (D)  acted to preserve the cotenant heir's
  interest in the property by filing notice of the cotenant heir's
  claimed interest in the deed records of the county in which the
  property is located; or
                     (E)  entered into a written agreement with the
  possessing cotenant heir under which the possessing cotenant heir
  is allowed to possess the property but the other cotenant heir does
  not forfeit that heir's ownership interest.
         (c)  To make a claim of adverse possession against a cotenant
  heir under this section, the cotenant heir or heirs claiming
  adverse possession must:
               (1)  file in the deed records of the county in which the
  real property is located an affidavit of heirship in the form
  prescribed by Section 203.002, Estates Code, and an affidavit of
  adverse possession that complies with the requirements of
  Subsection (d);
               (2)  publish notice of the claim in a newspaper of
  general circulation in the county in which the property is located
  for the four consecutive weeks immediately following the date the
  affidavits required by Subdivision (1) are filed; and
               (3)  provide written notice of the claim to the last
  known addresses of all other cotenant heirs by certified mail,
  return receipt requested.
         (d)  The affidavits required by Subsection (c) may be filed
  separately or combined into a single instrument.  The affidavit of
  adverse possession must include:
               (1)  a legal description of the property that is the
  subject of the adverse possession;
               (2)  an attestation that each affiant is a cotenant
  heir of the property who has been in peaceable and exclusive
  possession of the property for a continuous, uninterrupted period
  during the 10 years preceding the filing of the affidavit;
               (3)  an attestation of cultivation, use, or enjoyment
  of the property by each affiant during the 10 years preceding the
  filing of the affidavit;
               (4)  evidence of payment by the affiant or affiants of
  all property taxes on the property as provided by Subsection (b)
  during the 10 years preceding the filing of the affidavit; and
               (5)  an attestation that there has been no action
  described by Subsection (b)(2) by another cotenant heir during the
  10 years preceding the filing of the affidavit.
         (e)  A cotenant heir must file a controverting affidavit or
  bring suit to recover the cotenant heir's interest in real property
  adversely possessed by another cotenant heir under this section not
  later than the fifth anniversary of the date a right of adverse
  possession is asserted by the filing of the affidavits required by
  Subsection (c).
         (f)  If a controverting affidavit or judgment is not filed
  before the fifth anniversary of the date the affidavits required by
  Subsection (c) are filed and no notice described by Subsection
  (b)(2)(D) was filed in the 10-year period preceding the filing of
  the affidavits under Subsection (c), title vests in the adversely
  possessing cotenant heir or heirs in the manner provided by Section
  16.030, precluding all claims by other cotenant heirs.
         (g)  A bona fide lender for value without notice accepting a
  voluntary lien against the real property to secure the adversely
  possessing cotenant heir's indebtedness or a bona fide purchaser
  for value without notice may conclusively rely on the affidavits
  required by Subsection (c) if:
               (1)  the affidavits have been filed of record for the
  period prescribed by Subsection (e); and
               (2)  a controverting affidavit or judgment has not been
  filed during that period.
         (h)  Without a title instrument, peaceable and adverse
  possession is limited in this section to 160 acres, including
  improvements, unless the number of acres actually enclosed exceeds
  160 acres. If the number of enclosed acres exceeds 160 acres,
  peaceable and adverse possession extends to the real property
  actually enclosed.
         (i)  Peaceable possession of real property held under a duly
  registered deed or other memorandum of title that fixes the
  boundaries of the possessor's claim extends to the boundaries
  specified in the instrument.
         SECTION 2.  This Act takes effect September 1, 2017.
feedback