Dallas, TX asked in Real Estate Law for Texas

Q: If a right of way has been in place for 60 years but the street dept has not used It, and now wants to take part of

Front yards can the law of adverse

Possession be used?

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2 Lawyer Answers
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Your question is a bit vague. However, The law of adverse possession has a 10-year rule when your claim is against a private person or company. The rule is 30-years for an adverse claim against a government or municipality.

There are strict rules with an adverse possession claim. One of the rules is that the adverse possession must be continuous for the whole time. No gaps in possession.

I hope this helps.

Good Luck!

Teri A. Walter
Teri A. Walter
  • Houston, TX
  • Licensed in Texas

A: The short answer is no, you cannot adversely possess property against a government entity.

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