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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for an affidavit of adverse possession of |
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real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 16, Civil Practice and |
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Remedies Code, is amended by adding Section 16.0235 to read as |
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follows: |
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Sec. 16.0235. AFFIDAVIT OF ADVERSE POSSESSION. (a) In this |
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section, "affidavit of adverse possession" means an affidavit that |
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attests to the date the affiant took actual and visible possession |
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of real property to establish a limitations period to support a |
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claim of adverse possession of the property. |
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(b) An affidavit of adverse possession is not a document of |
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title. |
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(c) Not later than the 30th day before the date an affidavit |
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of adverse possession is filed, the affiant must send written |
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notice of the affiant's intent to adversely possess property to the |
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last known address of each person who holds an interest in the |
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property under a deed or other instrument filed in the deed records |
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of the county in which the property is located. |
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(d) An affidavit of adverse possession must be filed in the |
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deed records of the county in which the real property is located. |
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The affidavit must include: |
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(1) a legal description of the property that is the |
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subject of the adverse possession; |
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(2) a copy of each notice sent as required by |
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Subsection (c); and |
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(3) the date the affiant took actual and visible |
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possession of the property. |
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(e) The county clerk may not record an affidavit of adverse |
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possession that does not comply with the requirements of this |
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section. |
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(f) An affidavit that does not comply with the requirements |
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of this section is void and is not admissible in evidence against |
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any party in litigation to support a claim or defense based on a |
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limitations period under this chapter. |
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SECTION 2. The change in law made by this Act applies only |
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to an affidavit of adverse possession that is filed for record with |
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a county clerk on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |