Category Archives: Adverse Possession

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?

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 property ownership change?  The court’s opinion offers a great analysis of the various arguments landowners may make in this type of case and how such arguments are analyzed. Background In 2014, the Parkers purchased two pieces of property from Dick Taylor:… 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 →