TX
Texas prescriptive easement law
Tex. Civ. Prac. & Rem. Code §§ 16.026, 16.024-16.025
Prescriptive period
10 years
What actually decides a claim here
- Ten years of open, notorious, hostile, exclusive, continuous use.
- Three- and five-year paths exist for possession under title or a recorded deed with paid taxes.
- Texas prescriptive easement claims fail if the use was shared with the owner, because exclusivity is required.
Related terms
General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.
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