Texas Senate Bill SB1894

Texas 2017 - 85th Regular

Caption

Relating to certain suits concerning real property.

Impact

This legislation is expected to significantly impact state laws governing real property disputes. By removing the limitations period for boundary determinations, SB1894 could lead to an increase in property line disputes being litigated, as property owners will no longer be constrained by time limits that previously barred their claims. The potential for increased litigation could result in a heightened demand for legal representation and may also foster greater awareness among property owners regarding their rights concerning real estate boundaries and trespass claims.

Summary

SB1894 proposes amendments to the Civil Practice and Remedies Code regarding suits associated with real property. Specifically, the bill introduces clarifications to the limitations period for suits concerning trespass and the determination of proper boundary lines for real property. A notable provision states that an action to ascertain the proper boundary line of real property is not subject to any limitations period, thus allowing such suits to be initiated at any time, providing property owners greater flexibility in addressing boundary disputes. Furthermore, the bill allows individuals to combine actions for trespass and boundary determination within the same legal proceeding, enabling a more efficient resolution of related property issues.

Contention

While the bill aims to streamline legal processes and provide clarity for property owners, it may raise concerns among those wary of the implications of loosening restrictions on property disputes. Critics might argue that the removal of a limitations period could encourage frivolous claims, leading to unnecessary legal battles and complications in property ownership clarity. The amendment presents an approach to bolster rights for property owners, yet it opens a discussion on the balance between sufficient protections for property owners and the need for maintaining order in the resolution of real estate disputes.