Bill

SB 1249

85(R) - 2017
Senate State Affairs
Senate State Affairs
Civil Remedies
Probate
Property Rights

Vote Recommendation

Yes
  • Neutral
  • Positive
  • Positive
  • Neutral
  • Neutral

Author(s)

Royce West

Bill Caption

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

Fiscal Notes

From the Legislative Budget Board: No significant implication to the state is anticipated.

Bill Analysis

SB 1249 would amend the Civil Practice and Remedies Code to allow one or more cotenant heirs of property to acquire the interests of another heir in the property by adverse possession based on a series of 10 year requirements such as one heir not paying property taxes or acting to preserve interest in the property by filing notice of claimed interest in the deed records of the county.

Vote Recommendation Notes

This bill enhances our personal responsibility and property right principles by allowing cotenant heirs to claim other cotenant interest in the property through adverse possession. This bill holds each cotenant accountable to maintain interest in the property, therefore we support SB 1249.