By: West S.B. No. 1249     A BILL TO BE ENTITLED   AN ACT   relating to adverse possession of real property by a cotenant heir   against other cotenant heirs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 16, Civil Practice and   Remedies Code, is amended by adding Section 16.0265 to read as   follows:          Sec. 16.0265.  ADVERSE POSSESSION BY COTENANT HEIR: 15-YEAR   COMBINED LIMITATIONS PERIOD. (a)  In this section, "cotenant heir"   means 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.          (b)  One or more cotenant heirs of real property may acquire   the interests of other cotenant heirs in the property by adverse   possession under this section if, for a continuous, uninterrupted   10-year period immediately preceding the filing of the affidavits   required by Subsection (c):                (1)  the possessing cotenant heir or heirs:                      (A)  hold the property in peaceable and exclusive   possession;                      (B)  cultivate, use, or enjoy the property; and                      (C)  pay all property taxes on the property not   later than two years after the date the taxes become due; and                (2)  no other cotenant heir has:                      (A)  contributed to the property's taxes or   maintenance;                      (B)  challenged a possessing cotenant heir's   exclusive possession of the property;                      (C)  asserted any other claim against a possessing   cotenant heir in connection with the property, such as the right to   rental payments from a possessing cotenant heir;                      (D)  acted to preserve the cotenant heir's   interest in the property by filing notice of the cotenant heir's   claimed interest in the deed records of the county in which the   property is located; or                      (E)  entered into a written agreement with the   possessing cotenant heir under which the possessing cotenant heir   is allowed to possess the property but the other cotenant heir does   not forfeit that heir's ownership interest.          (c)  To make a claim of adverse possession against a cotenant   heir under this section, the cotenant heir or heirs claiming   adverse possession must:                (1)  file in the deed records of the county in which the   real property is located an affidavit of heirship in the form   prescribed by Section 203.002, Estates Code, and an affidavit of   adverse possession that complies with the requirements of   Subsection (d);                (2)  publish notice of the claim in a newspaper of   general circulation in the county in which the property is located   for the four consecutive weeks immediately following the date the   affidavits required by Subdivision (1) are filed; and                (3)  provide written notice of the claim to the last   known addresses of all other cotenant heirs by certified mail,   return receipt requested.          (d)  The affidavits required by Subsection (c) may be filed   separately or combined into a single instrument.  The affidavit of   adverse possession must include:                (1)  a legal description of the property that is the   subject of the adverse possession;                (2)  an attestation that each affiant is a cotenant   heir of the property who has been in peaceable and exclusive   possession of the property for a continuous, uninterrupted period   during the 10 years preceding the filing of the affidavit;                (3)  an attestation of cultivation, use, or enjoyment   of the property by each affiant during the 10 years preceding the   filing of the affidavit;                (4)  evidence of payment by the affiant or affiants of   all property taxes on the property as provided by Subsection (b)   during the 10 years preceding the filing of the affidavit; and                (5)  an attestation that there has been no action   described by Subsection (b)(2) by another cotenant heir during the   10 years preceding the filing of the affidavit.          (e)  A cotenant heir must file a controverting affidavit or   bring suit to recover the cotenant heir's interest in real property   adversely possessed by another cotenant heir under this section not   later than the fifth anniversary of the date a right of adverse   possession is asserted by the filing of the affidavits required by   Subsection (c).          (f)  If a controverting affidavit or judgment is not filed   before the fifth anniversary of the date the affidavits required by   Subsection (c) are filed and no notice described by Subsection   (b)(2)(D) was filed in the 10-year period preceding the filing of   the affidavits under Subsection (c), title vests in the adversely   possessing cotenant heir or heirs in the manner provided by Section   16.030, precluding all claims by other cotenant heirs.          (g)  A bona fide lender for value without notice accepting a   voluntary lien against the real property to secure the adversely   possessing cotenant heir's indebtedness or a bona fide purchaser   for value without notice may conclusively rely on the affidavits   required by Subsection (c) if:                (1)  the affidavits have been filed of record for the   period prescribed by Subsection (e); and                (2)  a controverting affidavit or judgment has not been   filed during that period.          (h)  Without a title instrument, peaceable and adverse   possession is limited in this section to 160 acres, including   improvements, unless the number of acres actually enclosed exceeds   160 acres. If the number of enclosed acres exceeds 160 acres,   peaceable and adverse possession extends to the real property   actually enclosed.          (i)  Peaceable possession of real property held under a duly   registered deed or other memorandum of title that fixes the   boundaries of the possessor's claim extends to the boundaries   specified in the instrument.          SECTION 2.  This Act takes effect September 1, 2017.