reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 16.026 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.026. Adverse Possession: 10-Year Limitations Period

Sec. 16.026.  ADVERSE POSSESSION:  10-YEAR LIMITATIONS PERIOD.  (a)  A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.(b)  Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160.  If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.(c)  Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor's claim extends to the boundaries specified in the instrument.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 764, Sec. 1, eff. Sept. 1, 1989.|
TX Civ Prac & Rem Code § 16.027 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.027. Adverse Possession: 25-Year Limitations Period Notwithstanding Disability

Sec. 16.027.  ADVERSE POSSESSION:  25-YEAR LIMITATIONS PERIOD NOTWITHSTANDING DISABILITY.  A person, regardless of whether the person is or has been under a legal disability, must bring suit not later than 25 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 16.028 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.028. Adverse Possession With Recorded Instrument: 25-Year Limitations Period

Sec. 16.028.  ADVERSE POSSESSION WITH RECORDED INSTRUMENT:  25-YEAR LIMITATIONS PERIOD.  (a)  A person, regardless of whether the person is or has been under a legal disability, may not maintain an action for the recovery of real property held for 25 years before the commencement of the action in peaceable and adverse possession by another who holds the property in good faith and under a deed or other instrument purporting to convey the property that is recorded in the deed records of the county where any part of the real property is located.(b)  Adverse possession of any part of the real property held under a recorded deed or other recorded instrument that purports to convey the property extends to and includes all of the property described in the instrument, even though the instrument is void on its face or in fact.(c)  A person who holds real property and claims title under this section has a good and marketable title to the property regardless of a disability arising at any time in the adverse claimant or a person claiming under the adverse claimant.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 16.029 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.029. Evidence of Title to Land by Limitations

Sec. 16.029.  EVIDENCE OF TITLE TO LAND BY LIMITATIONS.  (a)  In a suit involving title to real property that is not claimed by this state, it is prima facie evidence that the title to the property has passed from the person holding apparent record title to an opposing party if it is shown that:(1)  for one or more years during the 25 years preceding the filing of the suit the person holding apparent record title to the property did not exercise dominion over or pay taxes on the property;  and(2)  during that period the opposing parties and those whose estate they own have openly exercised dominion over and have asserted a claim to the land and have paid taxes on it annually before becoming delinquent for as long as 25 years.(b)  This section does not affect a statute of limitations, a right to prove title by circumstantial evidence under the case law of this state, or a suit between a trustee and a beneficiary of the trust.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 16.030 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.030. Title Through Adverse Possession

Sec. 16.030.  TITLE THROUGH ADVERSE POSSESSION.  (a)  If an action for the recovery of real property is barred under this chapter, the person who holds the property in peaceable and adverse possession has full title, precluding all claims.(b)  A person may not acquire through adverse possession any right or title to real property dedicated to public use.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 16.031 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.031. Enclosed Land

Sec. 16.031.  ENCLOSED LAND.  (a)  A tract of land that is owned by one person and that is entirely surrounded by land owned, claimed, or fenced by another is not considered enclosed by a fence that encloses any part of the surrounding land.(b)  Possession of the interior tract by the owner or claimant of the surrounding land is not peaceable and adverse possession as described by Section 16.026 unless:(1)  the interior tract is separated from the surrounding land by a fence;  or(2)  at least one-tenth of the interior tract is cultivated and used for agricultural purposes or is used for manufacturing purposes.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 16.032 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.032. Adjacent Land

Sec. 16.032.  ADJACENT LAND.  Possession of land that belongs to another by a person owning or claiming 5,000 or more fenced acres that adjoin the land is not peaceable and adverse as described by Section 16.026 unless:(1)  the land is separated from the adjacent enclosed tract by a substantial fence;(2)  at least one-tenth of the land is cultivated and used for agricultural purposes or used for manufacturing purposes;  or(3)  there is actual possession of the land.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 16.033 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.033. Technical Defects in Instrument

Sec. 16.033.  TECHNICAL DEFECTS IN INSTRUMENT.  (a)  A person with a right of action for the recovery of real property or an interest in real property conveyed by an instrument with one of the following defects must bring suit not later than two years after the day the instrument was filed for record with the county clerk of the county where the real property is located:(1)  lack of the signature of a proper corporate officer, partner, or company officer, manager, or member;(2)  lack of a corporate seal;(3)  failure of the record to show the corporate seal used;(4)  failure of the record to show authority of the board of directors or stockholders of a corporation, partners of a partnership, or officers, managers, or members of a company;(5)  execution and delivery of the instrument by a corporation, partnership, or other company that had been dissolved, whose charter had expired, or whose franchise had been canceled, withdrawn, or forfeited;(6)  acknowledgment of the instrument in an individual, rather than a representative or official, capacity;(7)  execution of the instrument by a trustee without record of the authority of the trustee or proof of the facts recited in the instrument;(8)  failure of the record or instrument to show an acknowledgment or jurat that complies with applicable law; or(9)  wording of the stated consideration that may or might create an implied lien in favor of the grantor.(b)  This section does not apply to a forged instrument.(c)  For the purposes of this section, an instrument affecting real property containing a ministerial defect, omission, or informality in the certificate of acknowledgment that has been filed for record for longer than two years in the office of the county recorder of the county in which the property is located is considered to have been lawfully recorded and to be notice of the existence of the instrument on and after the date the instrument is filed.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 291, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 819 (S.B. 1781), Sec. 1, eff. June 15, 2007.|
TX Civ Prac & Rem Code § 16.034 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.034. Attorney's Fees

Sec. 16.034.  ATTORNEY'S FEES.  (a)  In a suit for the possession of real property between a person claiming under record title to the property and one claiming by adverse possession, if the prevailing party recovers possession of the property from a person unlawfully in actual possession, the court:(1)  shall award costs and reasonable attorney's fees to the prevailing party if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith; and(2)  may award costs and reasonable attorney's fees to the prevailing party in the absence of a finding described by Subdivision (1).(b)  To recover attorney's fees, the person seeking possession must give the person unlawfully in possession a written demand for that person to vacate the premises.  The demand must be given by registered or certified mail at least 10 days before filing the claim for recovery of possession.(c)  The demand must state that if the person unlawfully in possession does not vacate the premises within 10 days and a claim is filed by the person seeking possession, the court may enter a judgment against the person unlawfully in possession for costs and attorney's fees in an amount determined by the court to be reasonable.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by: Acts 2009, 81st Leg., R.S., Ch. 901 (H.B. 556), Sec. 1, eff. September 1, 2009.|
TX Civ Prac & Rem Code § 16.035 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.035. Lien on Real Property

Sec. 16.035.  LIEN ON REAL PROPERTY.  (a)  A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien not later than four years after the day the cause of action accrues.(b)  A sale of real property under a power of sale in a mortgage or deed of trust that creates a real property lien must be made not later than four years after the day the cause of action accrues.(c)  The running of the statute of limitations is not suspended against a bona fide purchaser for value, a lienholder, or a lessee who has no notice or knowledge of the suspension of the limitations period and who acquires an interest in the property when a cause of action on an outstanding real property lien has accrued for more than four years, except as provided by:(1)  Section 16.062, providing for suspension in the event of death;  or(2)  Section 16.036, providing for recorded extensions of real property liens.(d)  On the expiration of the four-year limitations period, the real property lien and a power of sale to enforce the real property lien become void.(e)  If a series of notes or obligations or a note or obligation payable in installments is secured by a real property lien, the four-year limitations period does not begin to run until the maturity date of the last note, obligation, or installment.(f)  The limitations period under this section is not affected by Section 3.118, Business & Commerce Code.(g)  In this section, "real property lien" means:(1)  a superior title retained by a vendor in a deed of conveyance or a purchase money note;  or(2)  a vendor's lien, a mortgage, a deed of trust, a voluntary mechanic's lien, or a voluntary materialman's lien on real estate, securing a note or other written obligation.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 219, Sec. 1, eff. May 23, 1997.|
TX Civ Prac & Rem Code § 16.036 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.036. Extension of Real Property Lien

Sec. 16.036.  EXTENSION OF REAL PROPERTY LIEN.  (a)  The party or parties primarily liable for a debt or obligation secured by a real property lien, as that term is defined in Section 16.035, may suspend the running of the four-year limitations period for real property liens through a written extension agreement as provided by this section.(b)  The limitations period is suspended and the lien remains in effect for four years after the extended maturity date of the debt or obligation if the extension agreement is:(1)  signed and acknowledged as provided by law for a deed conveying real property;  and(2)  filed for record in the county clerk's office of the county where the real property is located.(c)  The parties may continue to extend the lien by entering, acknowledging, and recording additional extension agreements.(d)  The maturity date stated in the original instrument or in the date of the recorded renewal and extension is conclusive evidence of the maturity date of the debt or obligation.(e)  The limitations period under this section is not affected by Section 3.118, Business & Commerce Code.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 219, Sec. 2, eff. May 23, 1997.|
TX Civ Prac & Rem Code § 16.037 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.037. Effect of Extension of Real Property Lien on Third Parties

Sec. 16.037.  EFFECT OF EXTENSION OF REAL PROPERTY LIEN ON THIRD PARTIES.  An extension agreement is void as to a bona fide purchaser for value, a lienholder, or a lessee who deals with real property affected by a real property lien without actual notice of the agreement and before the agreement is acknowledged, filed, and recorded.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 219, Sec. 3, eff. May 23, 1997.|
TX Civ Prac & Rem Code § 16.038 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter B. Limitations of Real Property Actions|Section 16.038. Rescission or Waiver of Accelerated Maturity Date

Sec. 16.038.  RESCISSION OR WAIVER OF ACCELERATED MATURITY DATE.  (a)  If the maturity date of a series of notes or obligations or a note or obligation payable in installments is accelerated, and the accelerated maturity date is rescinded or waived in accordance with this section before the limitations period expires, the acceleration is deemed rescinded and waived and the note, obligation, or series of notes or obligations shall be governed by Section 16.035 as if no acceleration had occurred.(b)  Rescission or waiver of acceleration is effective if made by a written notice of a rescission or waiver served as provided in Subsection (c) by the lienholder, the servicer of the debt, or an attorney representing the lienholder on each debtor who, according to the records of the lienholder or the servicer of the debt, is obligated to pay the debt.(c)  Service of a notice under Subsection (b) must be by first class or certified mail and is complete when the notice is deposited in the United States mail, postage prepaid and addressed to the debtor at the debtor's last known address.  The affidavit of a person knowledgeable of the facts to the effect that service was completed is prima facie evidence of service.(d)  A notice served under this section does not affect a lienholder's right to accelerate the maturity date of the debt in the future nor does it waive past defaults.(e)  This section does not create an exclusive method for waiver and rescission of acceleration or affect the accrual of a cause of action and the running of the related limitations period under Section 16.035(e) on any subsequent maturity date, accelerated or otherwise, of the note or obligation or series of notes or obligations.|Added by Acts 2015, 84th Leg., R.S., Ch. 759 (H.B. 2067), Sec. 1, eff. June 17, 2015.|
TX Civ Prac & Rem Code § 16.051 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter C. Residual Limitations Period|Section 16.051. Residual Limitations Period

Sec. 16.051.  RESIDUAL LIMITATIONS PERIOD.  Every action for which there is no express limitations period, except an action for the recovery of real property, must be brought not later than four years after the day the cause of action accrues.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 16.061 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter D. Miscellaneous Provisions|Section 16.061. Rights Not Barred

Sec. 16.061.  RIGHTS NOT BARRED.  (a)  A right of action of this state or a political subdivision of the state, including a county, an incorporated city or town, a navigation district, a municipal utility district, a port authority, an entity acting under Chapter 54, Transportation Code, a school district, or an entity created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, is not barred by any of the following sections:  16.001-16.004, 16.006, 16.007, 16.021-16.028, 16.030-16.032, 16.035-16.037, 16.051, 16.062, 16.063, 16.065-16.067, 16.070, 16.071, 31.006, or 71.021.(b)  In this section:(1)  "Navigation district" means a navigation district organized under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.(2)  "Port authority" has the meaning assigned by Section 60.402, Water Code.(3)  "Municipal utility district" means a municipal utility district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.02, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 782, Sec. 1, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 1070, Sec. 47, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.204, eff. Sept. 1, 2001.|
TX Civ Prac & Rem Code § 16.062 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter D. Miscellaneous Provisions|Section 16.062. Effect of Death

Sec. 16.062.  EFFECT OF DEATH.  (a)  The death of a person against whom or in whose favor there may be a cause of action suspends the running of an applicable statute of limitations for 12 months after the death.(b)  If an executor or administrator of a decedent's estate qualifies before the expiration of the period provided by this section, the statute of limitations begins to run at the time of the qualification.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 16.063 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter D. Miscellaneous Provisions|Section 16.063. Temporary Absence From State

Sec. 16.063.  TEMPORARY ABSENCE FROM STATE.  The absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of limitations for the period of the person's absence.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 16.064 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter D. Miscellaneous Provisions|Section 16.064. Effect of Lack of Jurisdiction

Sec. 16.064.  EFFECT OF LACK OF JURISDICTION.  (a)  The period between the date of filing an action in a trial court and the date of a second filing of the same action in a different court suspends the running of the applicable statute of limitations for the period if:(1)  because of lack of jurisdiction in the trial court where the action was first filed, the action is dismissed or the judgment is set aside or annulled in a direct proceeding;  and(2)  not later than the 60th day after the date the dismissal or other disposition becomes final, the action is commenced in a court of proper jurisdiction.(b)  This section does not apply if the adverse party has shown in abatement that the first filing was made with intentional disregard of proper jurisdiction.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 16.065 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter D. Miscellaneous Provisions|Section 16.065. Acknowledgment of Claim

Sec. 16.065.  ACKNOWLEDGMENT OF CLAIM.  An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of limitations if made after the time that the claim is due unless the acknowledgment is in writing and is signed by the party to be charged.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 16.066 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle B - Trial Matters|Chapter 16 - Limitations|Subchapter D. Miscellaneous Provisions|Section 16.066. Action on Foreign Judgment

Sec. 16.066.  ACTION ON FOREIGN JUDGMENT.  (a)  An action on a foreign judgment is barred in this state if the action is barred under the laws of the jurisdiction where rendered.(b)  An action against a person who has resided in this state for 10 years prior to the action may not be brought on a foreign judgment rendered more than 10 years before the commencement of the action in this state.(c)  In this section "foreign judgment" means a judgment or decree rendered in another state or a foreign country.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|