(a) A tract of land that is owned by one person and that is entirely surrounded by land owned, claimed, or fenced by another is not considered enclosed by a fence that encloses any part of the surrounding land.
(b) Possession of the interior tract by the owner or claimant of the surrounding land is not peaceable and adverse possession as described by § 16.026 unless:
(1) the interior tract is separated from the surrounding land by a fence; or
(2) at least one-tenth of the interior tract is cultivated and used for agricultural purposes or is used for manufacturing purposes.

Terms Used In Texas Civil Practice and Remedies Code 16.031

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
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