pjc-oil-and-gas-2022-lib

A DVERSE P OSSESSION

PJC 301.2

PJC 301.2

Question and Instructions on Adverse Possession— Three-Year Limitations Period

QUESTION ______ Did [ Don Davis/Paul Payne ] hold the property in peaceable and adverse possession [ under color of title ] for at least three years before [ date cause of action was filed ]? “Peaceable possession” means possession of real property that is continuous and is not interrupted by an adverse suit to recover the property. “Adverse possession” means an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and hostile to the claim of another person. “Claim of right” means an intention to claim the real property as one’s own to the exclusion of all others. A claim of right is hostile only if either (1) it provides notice, either actual or by implication, of a hostile claim of right to the true owner; or (2) the acts per formed on the real property, and the use made of the real property, were of such a nature and character that would reasonably notify the true owner of the real property that a hostile claim is being asserted to the property. [ “Color of title” means a consecutive chain of transfers to the person in pos session that is not regular because of a muniment that is not properly recorded or is only in writing or because of a similar defect that does not lack intrinsic fairness or honesty. A “muniment” is documentary evidence of title. ] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 301.2 should be used to submit a claim of adverse possession for three years under title or color of title. If there is a fact dispute about whether the claim is under title or color of title, the question and instructions should be modified as described below. This claim may be raised either affirmatively or defensively. The burden of proof rests with the party raising the adverse possession claim or defense. Source of question and instructions. PJC 301.2 is derived from Tex. Civ. Prac. & Rem. Code §§16.021, 16.024; see also BP America Production Co. v. Marshall , 342 S.W.3d 59, 70–72 (Tex. 2011) (describing claim of right); Tran v. Macha , 213

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