Hello everyone and welcome to Property II.
Today we will cover property rights created through discovery or conquest with the case of Johnson v. M’Intosh.
During class, I will type in real time the lecture notes on this document.
In addition, I encourage each of you to post comments to our live-chat.
Here is a map of the property in Van Valkenburg v. Lutz.
Here is the Van Valkenburg Coat of Arms:
Last year, Tarrant County District Attorney Joe Shannon deemed adverse possession affidavits “fraudulent” and directed the county clerk’s office not to accept them. Dozens of people had taken ownership of more than $8 million of Tarrant County property.
Here is Texas’s adverse possession statute. There are three different periods–three years with color of title, five years with some sort of deed, and ten years with no paperwork at all.
Sec. 16.021. DEFINITIONS. In this subchapter:(1) “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.
Three Years- Sec. 16.024. ADVERSE POSSESSION: THREE-YEAR LIMITATIONS PERIOD. A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues.
Owner must have some title void paperwork to show his claim to land COLOR OF TITLE
Five Years- Sec. 16.025. ADVERSE POSSESSION: FIVE-YEAR LIMITATIONS PERIOD. (a) A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:(1) cultivates, uses, or enjoys the property;(2) pays applicable taxes on the property; and(3) claims the property under a duly registered deed.(b) This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney.
Some sort of Deed is required here
Ten Years- Sec. 16.026. ADVERSE POSSESSION: 10-YEAR LIMITATIONS PERIOD. (a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.(b) 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. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.(c) 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.
- Catch All – no deed necessary