83R9240 NC-F
By: Zedler H.B. No. 3027
A BILL TO BE ENTITLED
AN ACT
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.