HB 2544

84(R) - 2015
Property Rights

Vote Recommendation

  • Neutral
  • Positive
  • Neutral
  • Neutral
  • Neutral


J.M. Lozano

Bill Caption

Relating to adverse possession of real property by a cotenant heir against other cotenant heirs.

Fiscal Notes

No significant  fiscal implication to the State or local government.

Bill Analysis

HB 2544 would amend the Civil Practice and Remedies Code regarding adverse possession of real property by a cotenant heir against other cotenant heirs. The bill would provide a process whereby a cotenant heir could acquire interests of other cotenant heirs after 10 years, provided during that period no other cotenant heir has contributed to the property, challenged a claim or asserted any claim against the cotenant heir, or according to other specified provisions. The bill would defines "cotenant heir" to mean one of two or more persons who simultaneously acquire identical, undivided ownership interests in, and rights to possession of, the same real property by operation of the applicable intestate succession laws of this state or a successor in interest of one of those persons. 

The bill would establish a process by which a cotenant heir could adversely possess the property by filing an affadavit and meeting certain requirements for deed records. The bill would provide provisions that would be included for other cotenants to file a controverting affidavit within 5 years, and for the vesting of title in the absence of any such affidavit.

Vote Recommendation Notes

This bill affirms the principle of property rights. It would provide a legal recourse for heirs of a cotenant situation to properly possess land that they may have contributed to for many years. Consider the hypothetical family farm scenario, where the son wishes to claim the land legally when the parents are deceased without a legal will and any siblings are either deceased or cannot be located. For this reason, we support HB 2544.