Adverse possession: ten-year limitations period
Under CPRC 16.026, a person must sue to recover land within 10 years after the cause of action accrues against someone in peaceable and adverse possession who cultivates, uses or enjoys it. Enter the accrual date to find when the period ends.
- CPRC 16.026
- CPRC 16.072
Find when the period ends
Ten-year adverse possession, Texas.
The date the cause of action to recover the land accrued.
Holidays and court closures
The national holidays in Texas Government Code 662.003(a) are always skipped.
Off by default. Only turn this on if your court was closed that day.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Find the accrual date. This is usually when the adverse possessor's peaceable and adverse possession began.
- Add 10 years. The period ends on the same calendar date 10 years later. A start date of February 29 ends on February 28.
- Move past closed days. Under CPRC 16.072, if the last day falls on a Saturday, Sunday or holiday, the period is extended to the next day county offices are open.
Worked examples
| Example | Possession began | Deadline |
|---|---|---|
| Possession began on a Thursday | Sat, Nov 26, 2016 | Fri, Nov 27, 2026 |
| Possession began in spring | Fri, Apr 15, 2016 | Wed, Apr 15, 2026 |
What the period means
When the 10-year period runs without interruption, the owner's claim to recover the land is barred and the possessor may obtain title. The possession must be continuous, actual, visible and hostile throughout the period. Other periods apply in other situations, such as 3 years under title or color of title (16.024), 5 years with a registered deed and taxes paid (16.025), and 25 years in some cases (16.027 and 16.028).
Facts decide accrual. Whether possession was peaceable and adverse, and when it began, are fact questions. Speak to a Texas real estate lawyer before relying on this date.
Common questions
How long is the adverse possession period in Texas?
The general period is 10 years under CPRC 16.026. Shorter and longer periods apply in specific situations.
What if the 10-year date falls on a weekend?
CPRC 16.072 extends the period to the next day the county offices are open for business.
Does fencing or paying taxes matter?
They can be evidence of adverse use. Paying taxes is a requirement for the 5-year period under 16.025.
Sources
- Texas Civil Practice and Remedies Code, Section 16.026
- Texas Civil Practice and Remedies Code, Section 16.072
- Texas Civil Practice and Remedies Code, Sections 16.024 to 16.028
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.