When two families who have owned land for generations ended up in a dispute over a portion of property, the San Antonio Court of Appeals found itself in the middle of an adverse possession case pitting neighbor against neighbor in Kothmann v. Menzies.  [Read opinion here.] Background This case involves a tract of land in Menard County referred to as Section 61.  The Kody Kothmann 1992 Irrevocable Trust owns the land, which formerly belonged to Kody Kothmann’s parents, and prior to that, to his maternal grandfather.  The adjacent… Read More →

**NOTE:  In April 2023, the Waco Court of Appeals issued a new opinion in this case after granting a motion to reconsider.  In that opinion, the court reached the opposite result, finding in favor of the Webers. [View new opinion here.] A recent case from the Waco Court of Appeals deals with a question about which I am often asked:  If a fence is built off the property line but has been there for decades and the non-title holding owner grazes the property as his own, does the… Read More →

Recently, the Amarillo Court of Appeals issued an opinion that outlines the law of adverse possession in Texas.  In Wells v. Johnson, the Court analyzed an adverse possession claim with regard to ranch land used for grazing cattle and hunting and set forth the standards applicable in these situations.  Although lengthy and complex, landowners should be aware of the law of adverse possession in order to protect their interests. [Read full opinion here.] Factual Background This case involves a 527 acre piece of property located in Hardeman County,… Read More →