United States · Texas statutory limitations
When does Texas’s twenty-five-year recovery limitation apply despite disability?
Section 16.027 requires its recovery suit within twenty-five years after accrual regardless of past or present legal disability. Another must hold the property in peaceable adverse possession and cultivate, use or enjoy it. This is a recovery-suit period, distinct from section 16.028’s retrospective recorded-instrument conditions.
- Period
- 25 calendar years after the independently established statutory event
- Trigger
- Independently established accrual of the section 16.027 recovery cause for qualifying possession and use
- Rule
- Texas CPRC 16.027
Current official consolidated Chapter 16 text retrieved October 5, 2026
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Which event starts this limitation?
Establish actual peaceable adverse possession under section 16.021 and cultivation, use or enjoyment.
Establish the recovery cause’s accrual rather than assuming the first occupation proves all required conditions.
Apply section 16.027’s express disability rule. Keep section 16.028’s retrospective recorded-instrument conditions and protected public rights separate.
Texas CPRC 16.027How is the ordinary year period counted?
- Establish actual peaceable adverse possession under section 16.021 and cultivation, use or enjoyment.
- Establish that the scoped statutory branch governs and that no suspension or different limitation applies.
- Add 25 calendar years to the verified event.
- 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 311.014What does an independently checked example show?
Fictitious example
Fictitious facts. Independently established accrual of the section 16.027 recovery cause for qualifying possession and use is independently established as July 6, 2002. This ordinary branch governs. No suspension, extension, competing limitation or protected governmental right applies.
| Step | What is counted | Date |
|---|---|---|
| Event | Independently established accrual of the section 16.027 recovery cause for qualifying possession and use | July 6, 2002 |
| Anniversary | 25 calendar years | 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 calculatorWhich facts change the ordinary calculation?
- Disability does not extend this branch
- Section 16.027 expressly applies regardless of whether the person is or has been under legal disability. Section 16.022(c) preserves this exception to its ordinary post-disability treatment.
- Different recorded-instrument rule
- Section 16.028 requires its good-faith recorded-instrument possession during the twenty-five years before commencement. That retrospective condition is not this forward accrual-based suit period.
- Successive interests
- Section 16.023 requires privity of estate when successive holders supply qualifying possession.
- Public dedication
- Section 16.030(b) prohibits acquisition by adverse possession of a right or title 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.
- 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 a qualifying legal disability extend this twenty-five-year branch?
Section 16.027 expressly applies regardless of past or present legal disability. Do not substitute the ordinary section 16.022 treatment.
Texas CPRC 16.027Is section 16.028 the same forward calculation?
No. Its recorded-instrument condition concerns possession during the stated period before commencement.
Texas CPRC 16.028Does the anniversary prove full title?
No. Qualifying possession and the legal bar remain necessary. Section 16.030 separately addresses title and public dedication.
Texas CPRC 16.030Official sources and review
Provisions used (17)
| Provision | Purpose |
|---|---|
| Texas CPRC 16.027 | The covered action, actor, event and fixed ordinary period |
| Texas CPRC 16.027 | Disability does not extend this branch |
| Texas CPRC 16.028 | Different recorded-instrument rule |
| Texas CPRC 16.023 | Successive interests |
| Texas CPRC 16.030(b) | Public dedication |
| Texas CPRC 16.062 | Death during an existing clock |
| Texas CPRC 16.063 | Absence from Texas |
| Texas CPRC 16.064 | Prior action dismissed for lack of jurisdiction |
| Texas CPRC 16.061 | Specified governmental rights |
| Texas Government Code 311.005(12) and 311.014 | Calendar units and statutory computation |
| Texas Government Code 311.005(12) | The statutory year is twelve consecutive months |
| Texas CPRC 16.072 | Statutory suit-filing period on a closed final day |
| Texas Government Code 662.003 and 662.021 | Distinguish the statutory holiday definitions from optional employee holidays |
| Texas Civil Rule 4 | Event exclusion, inclusion of the final day and legal holidays |
| Texas Civil Rule 5 | Scope 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 22 | Commencing district or county court suit by filing the petition |