§ 16.034.Attorney's Fees

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 16. Limitations · Subchapter B. Limitations of Real Property Actions · Last amended 2009 · Last verified August 29, 2026

In one sentenceSection 16.034 lets the winner of an adverse possession suit recover attorney's fees — mandatory where the possession claim was groundless and made in bad faith — but only after a written demand to vacate sent ten days before filing.

Full Text of § 16.034

Text sizeJump to: (a) (b) (c)

(a)In a suit for the possession of real property between a person claiming under record title to the property and one claiming by adverse possession, if the prevailing party recovers possession of the property from a person unlawfully in actual possession, the court:

(1)shall award costs and reasonable attorney's fees to the prevailing party if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith; and

(2)may award costs and reasonable attorney's fees to the prevailing party in the absence of a finding described by Subdivision (1).

(b)To recover attorney's fees, the person seeking possession must give the person unlawfully in possession a written demand for that person to vacate the premises. The demand must be given by registered or certified mail at least 10 days before filing the claim for recovery of possession.

(c)The demand must state that if the person unlawfully in possession does not vacate the premises within 10 days and a claim is filed by the person seeking possession, the court may enter a judgment against the person unlawfully in possession for costs and attorney's fees in an amount determined by the court to be reasonable.

End

Plain-English Summary

Adverse possession litigation is expensive and, at its worst, is a way to extract money from a record owner who would rather pay than fight. This section supplies a fee remedy, with a gate.

Where the prevailing party recovers possession from a person unlawfully in actual possession, the court shall award costs and reasonable attorney's fees if it finds the adverse possession claim was groundless and made in bad faith. Absent that finding, the court may award them. The difference between mandatory and discretionary turns on that single finding.

The gate is a written demand, and missing it forfeits the fees. To recover, the person seeking possession must give the occupier a written demand to vacate, by registered or certified mail, at least 10 days before filing the claim for recovery of possession. The demand must warn that if the occupier does not leave within 10 days and suit is filed, the court may enter judgment against them for costs and attorney's fees.

Character: a condition precedent to the fee award, not to the suit. An owner who skips the demand still recovers their property; they pay their own lawyer for it.

Frequently Asked Questions

Can I recover attorney's fees in an adverse possession case?

Yes, if you prevail and recover possession — mandatory where the court finds the possession claim was groundless and made in bad faith, discretionary otherwise.

What do I have to do before filing to get fees?

Send the occupier a written demand to vacate by registered or certified mail at least 10 days before you file, warning that a judgment for costs and fees may follow.

What happens if I skip the demand?

You can still recover the property, but you lose the ability to recover fees under this section.

Who can the fees be awarded against?

A person unlawfully in actual possession from whom the prevailing party recovers possession.

Amendment History

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 901 (H.B. 556), Sec. 1, eff. September 1, 2009.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source