Category Archives: Adverse Possession

November 3, 2023 Weekly Round Up

Time continues to fly as we have reached the last 60 days of the year!  There has been no shortage of agricultural law news around the country the past couple of weeks. *Texas Drone Law Upheld by U.S. Court of Appeals for the Fifth Circuit.  The United States Court of Appeals for the Fifth Circuit has reversed a lower court decision striking down the Texas Privacy Act, a law related to privacy and drone usage.  You may recall from this blog post, a federal district court sided with journalists… Read More →

Court Reverses Ruling – Sides with Rancher in Adverse Possession by Grazing Case

In what is a truly unusual turn of events, the Waco Court of Appeals recently issued a new opinion in an adverse possession case, Parker v. Weber.  What makes this unusual is that the court issued its initial opinion in May 2018 and now–five years later–issued an opinion reaching an opposite result.  Do note that this case does have a Petition for Review currently pending before the Texas Supreme Court. Background This lawsuit involves neighbors, Glenn Weber and Jay and Lindsey Parker, and a dispute over ownership of 20.62… Read More →

April 21, 2023 Weekly Round Up

Here are a few of the ag law stories in the news the past couple of weeks. *North Dakota court issues injunction against Biden WOTUS rule in 24 states.  The judge hearing a WOTUS lawsuit filed by 24 states in North Dakota issued an injunction against the rule in each of those states.  [Read article here.]  In addition to the 24 states impacted by this injunction, remember that a Texas judge previously issued an injunction prohibiting the rule from going into effect in Texas and Idaho.  [Read article… Read More →

Court Addresses Adverse Possession in Dispute Between Neighbors

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 →

Does Grazing Cattle for Years Allow Claim of Adverse Possession?

**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 →

Opinion Outlines Adverse Possession Law in Texas

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 →