What type of adverse possession requires having title or color of title?

The requirement for color of title or having a title in the context of adverse possession applies specifically to the 3-year adverse possession claim in Texas law. This type of adverse possession allows a person to claim ownership of a property if they possess it for three years under a claim of title or color of title.

Having color of title means that the possessor has some form of documentation, albeit imperfect, that indicates an ownership interest in the property. This could be based on a faulty deed or other legal instruments that suggest ownership. The rationale for this requirement is to provide some form of legitimate expectation of ownership, even if the title is not perfectly clear.

In contrast, the other types of adverse possession claims—5 year, 10 year, and 15 year—do not carry this specific requirement regarding color of title. These claims can be based on continuous possession of the property, regardless of whether the person has any formal documentation suggesting ownership. Each of these longer periods of possession is designed to secure ownership rights based on the length of time the property has been occupied, along with the nature of the occupation.