United States · Texas statutory limitations
How does Texas assess twenty-five years of possession under a recorded instrument?
Section 16.028(a) bars maintaining the specified recovery action where another held the property for twenty-five years before suit in qualifying peaceable and adverse possession, in good faith under a recorded deed or instrument purporting to convey it. The provision applies regardless of disability. It is not a forward deadline twenty-five years after filing suit.
- Period
- Twenty-five years of qualifying possession before commencement, subject to the statutory conditions
- Trigger
- Commencement of the recovery action, assessed against the preceding qualifying possession history
- Rule
- Texas CPRC 16.028(a)
Current official consolidated Chapter 16 text retrieved October 5, 2026
Source guide · No automated date
Establish the complete statutory procedure
The single entered commencement date cannot establish the preceding possession, recorded instrument or good faith. Its forward count does not represent section 16.028(a).
Texas CPRC 16.028(a)What lawyers say
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Which events matter for this statutory condition?
Identify commencement of the actual recovery action and the preceding possession history.
Obtain the deed or other instrument and its recording evidence in the county where any part of the property lies.
Establish peaceable and adverse possession and good faith. A recorded document alone does not establish those facts.
Texas CPRC 16.028(a)How must the complete timing condition be assessed?
- Identify commencement of the actual recovery action and the preceding possession history.
- Assess the qualifying twenty-five-year history before commencement. Sections 16.021 and 16.023 define relevant possession and privity for successive interests. The stored forward-counting preset does not perform that retrospective assessment.
- The single entered commencement date cannot establish the preceding possession, recorded instrument or good faith. Its forward count does not represent section 16.028(a).
Section 16.072 concerns filing suit under a statute of limitations. It does not itself create a contract notice deadline, determine contract validity or establish qualifying possession. This guide applies no automated rollover to those different acts.
Texas CPRC 16.028(a)Why does this guide publish no calculated date?
The single entered commencement date cannot establish the preceding possession, recorded instrument or good faith. Its forward count does not represent section 16.028(a).
Which conditions or exclusions change the assessment?
- Recorded instrument and boundaries
- Subsection (b) addresses all property described in the recorded instrument where its stated conditions hold, even if the instrument is void on its face or in fact. This guide does not determine title or instrument validity.
- Disability
- Subsections (a) and (c) expressly address disability. Do not automatically import the ordinary disability suspension into this distinct twenty-five-year provision.
- Actual possession
- Section 16.021 defines peaceable and adverse possession. Recording alone does not establish those possession conditions.
- Successive possession
- Section 16.023 requires privity of estate for tacking successive possession. Establish the actual holders and their relationship.
- Publicly dedicated property
- Section 16.030(b) excludes acquiring property dedicated to public use through adverse possession. Establish the actual property status.
- Government rights
- Section 16.061(a) protects the listed state and political-subdivision rights against its enumerated provisions, including section 16.028. This guide does not identify a private claim as governmental.
- This statutory-text review does not decide disputed facts, accrual, title, retrospective application or a court holding.
What evidence should be checked before acting?
Common questions
This statutory procedure
Is the event the day I file suit plus twenty-five years?
No. Section 16.028(a) assesses qualifying possession for twenty-five years before commencement of the action.
Texas CPRC 16.028(a)Does recording a deed prove peaceable and adverse possession?
No. The statute requires the actual possession, good faith and recorded-instrument conditions. Section 16.021 supplies possession definitions.
Texas CPRC 16.021Can disability simply be added to this twenty-five-year period?
Sections 16.028(a) and (c) expressly address disability. This guide does not apply the ordinary disability suspension automatically.
Texas CPRC 16.028(c)Official sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| Texas CPRC 16.028(a) | The specific actor, required act and timing conditions |
| Texas CPRC 16.028(b) | Recorded instrument and boundaries |
| Texas CPRC 16.028(c) | Disability |
| Texas CPRC 16.021 | Actual possession |
| Texas CPRC 16.023 | Successive possession |
| Texas CPRC 16.030(b) | Publicly dedicated property |
| Texas CPRC 16.061(a) | Government rights |
| Texas Government Code 311.005(12) | The statutory year unit, where applicable |
| Texas Government Code 311.014 | Statutory computation, where applicable |
| Texas CPRC 16.072 | The separate statutory suit-filing closed-day provision |