What is required for 5 year adverse possession?

In Texas, to establish a claim for adverse possession for five years, a party must meet specific requirements set forth under the law. This involves two critical components: having a claim filed under a registered deed and demonstrating usage or enjoyment of the property.

Filing a claim under a registered deed is essential because it establishes a legal basis for the claim to the property, creating a clear record of ownership that can be referenced and validated. This step ensures that the adverse possessor can assert their rights officially, alongside the necessity of having actual possession of the property, which means they are using or enjoying it as if it were their own.

Usage or enjoyment of the property is the second component that solidifies the claim. The possessor must demonstrate that they have been using the property in a manner that is open, notorious, continuous, and exclusive for the duration of the five years. This requirement is crucial because it shows the true nature of the possession, indicating that the possessor is treating the property as their own and the rightful owner is aware or should be aware of this usage.

Furthermore, both elements work together to create a strong foundation for proving adverse possession. Without an official claim filed under a registered deed, a party cannot pursue a legal remedy for possession,