What is needed to establish a five-year adverse possession claim?

To establish a five-year adverse possession claim, it is necessary to demonstrate both the use of the property and the payment of property taxes. Adverse possession is a legal doctrine that allows a person to claim ownership of land under certain conditions, which are legally defined to protect property rights.

In Texas, one of the critical requirements for a successful adverse possession claim is that the claimant must have continuous and uninterrupted use of the property for a specified period, typically five years. This use must be visible, active, and exclusive, meaning that the claimant treats the property as their own. Additionally, payment of property taxes during this time is crucial. This requirement ensures that the claimant has taken responsibility for the property, further solidifying their claim.

The inclusion of these two elements—use of the property and payment of taxes—helps to establish a clear marker of intent to claim ownership, fulfilling the legal requirements asserted by Texas law for adverse possession. Without showing both of these factors, the claim may not hold up in court, failing to satisfy the criteria needed to prove adverse possession rights effectively.