§ 16.029.Evidence of Title to Land by Limitations
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 16. Limitations · Subchapter B. Limitations of Real Property Actions · Last amended 1985 · Last verified August 29, 2026
Full Text of § 16.029
Plain-English Summary
This is an evidence rule rather than a limitations period, and it solves a proof problem in old title disputes.
In a suit involving title to land not claimed by the state, it is prima facie evidence that title has passed from the record owner if two things are shown across the 25 years preceding the suit: for one or more of those years the record owner neither exercised dominion over nor paid taxes on the property, and during that period the opposing parties openly exercised dominion, asserted a claim, and paid the taxes annually before delinquency for as long as 25 years.
Prima facie evidence shifts the burden. It does not end the case — the record owner may rebut it — but it relieves the claimant of proving a chain of title that may no longer exist in any usable form.
Subsection (b) is careful about what the section does not do: it does not affect any limitations statute, does not disturb the right to prove title by circumstantial evidence, and does not apply between a trustee and a trust beneficiary.
Frequently Asked Questions
How is title by limitations proved?
It creates prima facie evidence that title passed, shifting the burden to the record owner, where they ignored the land while someone else openly claimed it and paid taxes.
Is this the same as adverse possession?
No. It is an evidence rule. Adverse possession transfers title outright; this shifts the burden of proof in a title suit.
Does it apply to state land?
No. The section is confined to property not claimed by the state.
Does it apply between a trustee and beneficiary?
No. Subsection (b) excludes that relationship.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.