TX
Texas House Bill HB2544

Texas 2015 - 84th Regular

Texas House Bill HB2544 Compare Versions

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1-84R1032 PMO-F
2- By: Lozano H.B. No. 2544
1+By: Lozano, Schubert H.B. No. 2544
32
43
54 A BILL TO BE ENTITLED
65 AN ACT
76 relating to adverse possession of real property by a cotenant heir
87 against other cotenant heirs.
98 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
109 SECTION 1. Subchapter B, Chapter 16, Civil Practice and
1110 Remedies Code, is amended by adding Section 16.0265 to read as
1211 follows:
1312 Sec. 16.0265. ADVERSE POSSESSION BY COTENANT HEIR: 15-YEAR
1413 COMBINED LIMITATIONS PERIOD. (a) In this section, "cotenant heir"
15- means one of two or more persons who simultaneously acquire
16- identical, undivided ownership interests in, and rights to
17- possession of, the same real property by operation of the
18- applicable intestate succession laws of this state or a successor
19- in interest of one of those persons.
20- (b) One or more cotenant heirs of real property may acquire
14+ means one of two or more persons who acquire undivided ownership
15+ interests in, and rights to possession of, the same real property by
16+ operation of the applicable intestate succession laws of this state
17+ or a successor in interest of one of those persons.
18+ (b) This section applies only to the acquisition of an
19+ interest of other cotenant heirs in the surface estate of real
20+ property by adverse possession.
21+ (c) One or more cotenant heirs of real property may acquire
2122 the interests of other cotenant heirs in the property by adverse
2223 possession under this section if, for a continuous, uninterrupted
2324 10-year period immediately preceding the filing of an affidavit
24- under Subsection (c):
25+ under Subsection (d):
2526 (1) the possessing cotenant heir or heirs:
2627 (A) hold the property in peaceable and exclusive
2728 possession;
2829 (B) cultivate, use, or enjoy the property; and
2930 (C) pay all property taxes on the property not
3031 later than two years after the date the taxes become due; and
3132 (2) no other cotenant heir has:
3233 (A) contributed to the property's taxes or
3334 maintenance;
3435 (B) challenged a possessing cotenant heir's
3536 exclusive possession of the property;
3637 (C) asserted any other claim against a possessing
3738 cotenant heir in connection with the property, such as the right to
3839 rental payments from a possessing cotenant heir;
3940 (D) acted to preserve the cotenant heir's
4041 interest in the property by filing notice of the cotenant heir's
4142 claimed interest in the deed records of the county in which the
4243 property is located; or
4344 (E) entered into a written agreement with the
4445 possessing cotenant heir under which the possessing cotenant heir
4546 is allowed to possess the property but the other cotenant heir does
4647 not forfeit that heir's ownership interest.
47- (c) To make a claim of adverse possession against a cotenant
48+ (d) To make a claim of adverse possession against a cotenant
4849 heir under this section, the cotenant heir or heirs claiming
4950 adverse possession must:
5051 (1) file in the deed records of the county in which the
5152 real property is located an affidavit of heirship in the form
5253 prescribed by Section 203.002, Estates Code, and an affidavit of
5354 adverse possession that complies with the requirements of
54- Subsection (d);
55+ Subsection (e);
5556 (2) publish notice of the claim in a newspaper of
5657 general circulation in the county in which the property is located
5758 for the four consecutive weeks immediately following the date the
5859 affidavits required by Subdivision (1) are filed; and
5960 (3) provide written notice of the claim to the last
6061 known addresses of all other cotenant heirs by certified mail,
6162 return receipt requested.
62- (d) The affidavits required by Subsection (c) may be filed
63+ (e) The affidavits required by Subsection (d) may be filed
6364 separately or combined into a single instrument. The affidavit of
6465 adverse possession must include:
6566 (1) a legal description of the property that is the
6667 subject of the adverse possession;
6768 (2) an attestation that each affiant is a cotenant
6869 heir of the property who has been in peaceable and exclusive
6970 possession of the property for a continuous, uninterrupted period
7071 during the 10 years preceding the filing of the affidavit;
7172 (3) an attestation of cultivation, use, or enjoyment
7273 of the property by each affiant during the 10 years preceding the
7374 filing of the affidavit;
74- (4) evidence of payment by the affiant or affiants of
75- all property taxes on the property as provided by Subsection (b)
76- during the 10 years preceding the filing of the affidavit; and
75+ (4) an attestation of payment by the affiant or
76+ affiants of all property taxes on the property as provided by
77+ Subsection (c) during the 10 years preceding the filing of the
78+ affidavit; and
7779 (5) an attestation that there has been no action
78- described by Subsection (b)(2) by another cotenant heir during the
80+ described by Subsection (c)(2) by another cotenant heir during the
7981 10 years preceding the filing of the affidavit.
80- (e) A cotenant heir must file a controverting affidavit or
82+ (f) A cotenant heir must file a controverting affidavit or
8183 bring suit to recover the cotenant heir's interest in real property
8284 adversely possessed by another cotenant heir under this section not
8385 later than the fifth anniversary of the date a right of adverse
8486 possession is asserted by the filing of the affidavits described by
85- Subsection (c).
86- (f) If a controverting affidavit or judgment is not filed
87+ Subsection (d).
88+ (g) If a controverting affidavit or judgment is not filed
8789 before the fifth anniversary of the date the affidavits described
88- by Subsection (c) are filed and no notice described by Subsection
89- (b)(2)(D) was filed in the 10-year period preceding the filing of
90- the affidavits under Subsection (c), title vests in the adversely
90+ by Subsection (d) are filed and no notice described by Subsection
91+ (c)(2)(D) was filed in the 10-year period preceding the filing of
92+ the affidavits under Subsection (d), title vests in the adversely
9193 possessing cotenant heir or heirs in the manner provided by Section
9294 16.030, precluding all claims by other cotenant heirs.
93- (g) A bona fide lender for value without notice accepting a
95+ (h) A bona fide lender for value without notice accepting a
9496 voluntary lien against the real property to secure the adversely
9597 possessing cotenant heir's indebtedness or a bona fide purchaser
9698 for value without notice may conclusively rely on the affidavits
97- described by Subsection (c) if:
99+ described by Subsection (d) if:
98100 (1) the affidavits have been filed of record for the
99- period prescribed by Subsection (e); and
101+ period prescribed by Subsection (f); and
100102 (2) a controverting affidavit or judgment has not been
101103 filed during that period.
102- (h) Without a title instrument, peaceable and adverse
103- possession is limited in this section to 160 acres, including
104- improvements, unless the number of acres actually enclosed exceeds
105- 160 acres. If the number of enclosed acres exceeds 160 acres,
106- peaceable and adverse possession extends to the real property
107- actually enclosed.
108104 (i) Peaceable possession of real property held under a duly
109105 registered deed or other memorandum of title that fixes the
110106 boundaries of the possessor's claim extends to the boundaries
111107 specified in the instrument.
112- SECTION 2. This Act takes effect September 1, 2015.
108+ SECTION 2. Section 16.0265, Civil Practice and Remedies
109+ Code, as added by this Act, applies only to a cotenant heir who
110+ acquires an undivided ownership interest in real property on the
111+ death of a person who dies on or after September 1, 2015.
112+ SECTION 3. This Act takes effect September 1, 2015.