Legal Question in Criminal Law in Texas

possession is 9/10ths of the law / statute of limitations

What is the law concerning possession of property that may have been stolen several years ago in a burglary, if obtained in good faith. A question over the background of a piece of property has cast doubts as to its origin.


Asked on 6/09/02, 5:00 am

1 Answer from Attorneys

Laura D. Heard Law Office of Laura D. Heard

Re: possession is 9/10ths of the law / statute of limitations

You titled your questions "statute of limitations"" and the statute of limitations for burglary is usually 5 years in Texas right now. However, your question really encompasses more than that. Unfortunately, legally, possession is not 9/10ths of the law. There is sometimes an adverse possession law that may help you, if you have had possession for a long number of years. However, for the most part, if you did not receive good title, the true title holder has the superior right to recover the property from you (unless, for example, you are talking about a certain type of commercial paper). Your only recourse is usually against the person who sold it to you. So you see, even if the person who stole the property cannot be prosecuted criminally, the true owner may be able to sue you to obtain the property.

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Answered on 6/12/02, 11:32 pm


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