This guide provides laws, books and other resources on the topic of real and personal property which is lost or abandoned, including through adverse possession.
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People often wonder what to do with property if the owner appears to have abandoned it. This guide will assist you in identifying relevant statutes and other materials to research this topic. Do note that sometimes it is unclear whether the property is truly abandoned. In these cases, you will need to consult an attorney for a definitive answer.
Texas law describes when certain forms of personal property are "presumed abandoned." "Personal property" can include things like bank accounts, gift cards, utility deposits, paychecks, safe deposit boxes, and more.
Once the personal property is considered abandoned under the law, it must be reported to the Texas Comptroller. Texans can search for unclaimed property in their name through the Texas Comptroller's website and submit a claim.
Other institutions like local governments or school districts may have similar procedures in place for claiming abandoned property, so you may want to check your city or county's website for their procedures.
Governs when various types of personal property may be presumed abandoned, including unpaid wages, utility deposits, and more.
Governs abandoned property held by financial institutions like banks or credit unions.Outlines the report, delivery, and claims process for unclaimed property and money handled by the Texas Comptroller.
Outlines the report, delivery, and claims process for unclaimed property held by school districts, local governments, and junior colleges.
Use the "Claim It Texas" website to search for unclaimed property or report abandoned property as required by law.
This nationwide database of unclaimed property is endorsed by the National Association of Unclaimed Property Administrators and many participating states, including Texas.
If you aren't able to locate your unclaimed property through the Texas Comptroller's website, it may be available through a different government office. The Comptroller's website has a list of common unclaimed property types and where to find them.
Adverse possession is a process in which a person makes a legal claim to real property that did not belong to them originally. It is sometimes referred to as "squatters' rights." Certain circumstances and time limits must be met for an adverse possession claim.
These sections discuss the time limitations for a person to recover real property held in adverse possession by another party. Sometimes this issue is referred to as "squatter's rights."
This article, written by a Texas attorney, is a good primer to the issues involved with adverse possession of real property.
A publication from the Texas A&M Agri-Life Extension that discusses various aspects of land ownership with a slight focus on agricultural land. Adverse property is covered in Chapter 7.
In this episode of Ag Law in the Field, attorney Amber Miller discusses the issue of "squatter's rights."
This article from Nolo, a legal publisher, discusses how adverse possession law works in Texas. The subjects of a trespasser's intent and government land are also discussed.
This Nolo article gives a breakdown of how adverse possession claims can be made in various situations.
This article from the Texas A&M Real Estate Center discusses some of the issues with abandoned property that may come up in court.
A 1996 article from Texas A&M Real Estate Center discussing how misplaced fences could result in loss of land through adverse possession.
This article from the Texas A&M Real Estate Center discusses the various limitations periods that may be applicable in an adverse possession case.
If you have a library account in good standing, you can check out an OverDrive e-book title or access our remote databases. Don't have a library account? Texas residents can register for a library account from home! Learn more about how to register from home.
Below are some e-book titles that may help you with your research.
