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United States · Texas statutory limitations

When must Texas property held adversely under title or color of title be recovered?

Section 16.024 requires suit to recover property held in peaceable and adverse possession under title or color of title within three years after accrual. Establish those statutory conditions and accrual independently. Occupation or a deed date alone does not prove this branch or acquisition of title.

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Period
3 calendar years after the independently established statutory event
Trigger
Independently established accrual of the covered property-recovery cause under section 16.024
Rule
Texas CPRC 16.024
Texas Civil Practice and Remedies Code, Chapter 16

Current official consolidated Chapter 16 text retrieved October 5, 2026

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Which event starts this limitation?

Establish section 16.021’s actual and visible hostile appropriation and continuous possession not interrupted by an adverse recovery suit.

Establish title or color of title under the section 16.021 definitions, then identify the recovery cause’s accrual.

Check real-property disability under section 16.022, any privity-based tacking, public dedication and protected governmental rights.

Texas CPRC 16.024

How is the ordinary year period counted?

  1. Establish section 16.021’s actual and visible hostile appropriation and continuous possession not interrupted by an adverse recovery suit.
  2. Establish that the scoped statutory branch governs and that no suspension or different limitation applies.
  3. Add 3 calendar years to the verified event.
  4. Check the final day, actual county opening and applicable filing boundary.

A statutory year is twelve consecutive months under Government Code 311.005(12). Section 311.014(c) uses the corresponding numerical day in the concluding month, or that month’s last day if no corresponding day exists. Count calendar years, not 365 days per year. Establish the statutory event before using its anniversary.

CPRC 16.072 extends its statutory suit-filing period when the final day is a Saturday, Sunday or holiday to the next day county offices are open for business. Rule 4 and Government Code 311.014 also address final weekends and legal holidays. The calculator applies the encoded Texas calendar for 2026 through 2028. Establish the actual county calendar, governing holiday treatment and any additional closure separately. A state employee’s optional day off does not itself establish a court closure.

Texas Government Code 311.014

What does an independently checked example show?

Fictitious example

Fictitious facts. Independently established accrual of the covered property-recovery cause under section 16.024 is independently established as July 6, 2024. This ordinary branch governs. No suspension, extension, competing limitation or protected governmental right applies.

Example counting steps
StepWhat is countedDate
EventIndependently established accrual of the covered property-recovery cause under section 16.024July 6, 2024
Anniversary3 calendar yearsJuly 6, 2027
Example resultTuesday, July 6, 2027

Fictitious dates. The event and statutory branch are independently established. No suspension, competing limitation or additional closure applies. For the separate weekend fixture, county offices are expressly assumed open July 12, 2027. This is not a verified calendar for every county.

Try these dates in the calculator

Which facts change the ordinary calculation?

Defined title and possession
Section 16.021 separately defines title, color of title, adverse possession and peaceable possession. Mere residence or an unclassified instrument does not establish these conditions.
Real-property disability
Section 16.022 addresses minority, unsound mind or wartime Armed Forces service at its stated event. It excludes qualifying disability time and provides its post-disability treatment, subject to sections 16.027 and 16.028. This ordinary example assumes no applicable disability.
Successive possession
Section 16.023 requires privity of estate between each holder and successor when successive possession satisfies the period. This calculator does not establish that chain.
Publicly dedicated property
Section 16.030(b) prohibits acquiring a right or title by adverse possession in property dedicated to public use.
Death during an existing clock
Section 16.062 can suspend an existing limitation for up to twelve months, with an earlier restart when an executor or administrator qualifies. A death date alone does not supply the claim’s remaining time.
Absence from Texas
Section 16.063 states a suspension during the absence of the person against whom the cause may be maintained. This calculator assumes no applicable suspension. The statutory text alone does not settle judicial restrictions or constitutional application to a particular defendant.
Prior action dismissed for lack of jurisdiction
Section 16.064 conditionally suspends limitations between filings when the same action is commenced in a proper court within sixty days after final disposition. Intentional disregard of jurisdiction is excluded. The calculator does not determine that suspension.
Specified governmental rights
Section 16.061 protects its listed state and political-subdivision rights against the provisions it names. Do not apply this ordinary claimant calculation to such a protected right.
Texas CPRC 16.024
  • The calculator does not decide accrual, constructive discovery, claim classification or a disputed suspension.
  • A request for more time is not a statutory extension. Rule 5 concerns its stated rule, notice or order periods; it does not establish general relief from a statute of limitations.
  • Rule 21(f)(6) permits seeking appropriate relief after a technical failure. Its required reasonable extension concerns deadlines imposed by the rules. Do not assume it automatically revives this statutory limitation.

What should be checked before filing?

Common questions

This action and its statutory event

Does moving onto the property automatically start a qualifying three years?

No. Establish the actual section 16.021 possession and title definitions and the recovery cause’s accrual.

Texas CPRC 16.021

Can successive occupiers always combine their periods?

Section 16.023 requires privity of estate between each holder and successor.

Texas CPRC 16.023

Does this calculator establish ownership of a public park?

No. Section 16.030(b) prohibits acquiring property dedicated to public use through adverse possession.

Texas CPRC 16.030(b)

Official sources and review

Provisions used (17)
Provisions used in this guide
ProvisionPurpose
Texas CPRC 16.024The covered action, actor, event and fixed ordinary period
Texas CPRC 16.021Defined title and possession
Texas CPRC 16.022Real-property disability
Texas CPRC 16.023Successive possession
Texas CPRC 16.030(b)Publicly dedicated property
Texas CPRC 16.062Death during an existing clock
Texas CPRC 16.063Absence from Texas
Texas CPRC 16.064Prior action dismissed for lack of jurisdiction
Texas CPRC 16.061Specified governmental rights
Texas Government Code 311.005(12) and 311.014Calendar units and statutory computation
Texas Government Code 311.005(12)The statutory year is twelve consecutive months
Texas CPRC 16.072Statutory suit-filing period on a closed final day
Texas Government Code 662.003 and 662.021Distinguish the statutory holiday definitions from optional employee holidays
Texas Civil Rule 4Event exclusion, inclusion of the final day and legal holidays
Texas Civil Rule 5Scope of court enlargement, distinguished from statutory limitation relief
Texas Civil Rule 21(f)(5) and (6)Electronic filing boundary and technical failure provisions
Texas Civil Rule 22Commencing district or county court suit by filing the petition
Read the official Texas Chapter 16 text

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