They have suggested that Texans can use the obscure federal Color of Title Act, a law meant to resolve confusion over public land that others believed was private, to buy back their land, potentially for a low price.
John Cornyn of Texas are pushing fixes that would require surveys of the entire disputed stretch, expand Color of Title Act provisions and prevent any contested lands from being included in the federal resource management plan.
Finally, particularly in claims of constructive possession, where an occupier with color of title can adversely possess the entire parcel referred to in the title, (12) an adverse possession may neither increase nor decrease regularity:
Some states allow an adverse possessor with color of title to claim constructive possession of the entire parcel referred to in the title, even if actual possession only took place on a small portion.
The Notice Functions of Fencing, Color of Title, and Trademark Registration D.
For example, the adverse possessor who operates under color of title or puts a fence around the property provides information about how she values the property and indicates that she has gone to some length in signaling that interest to the record owner and other competitors for the property.
052(a) an adverse possessor must prove: (1) color of title, (2) continuity, (3) hostility, and (4) notoriety.
In one of its earliest color of title decisions, Alaska National Bank v.
It would be onerous for the federal government, however, to prevent private encroachments on its vast public domain; perhaps for this reason, the Color of Title
Act has a good faith requirement.
About 18 months after the confusion first grabbed national headlines and sparked fiery comments from Texas leaders, some Red River residents are wondering whether they should follow Henderson's lead in reasserting their property rights - by filing a claim under the Color of Title Act, an obscure federal law meant to address these types of issues.
Meantime, said Paul McGuire, a spokesman, the bureau is encouraging landowners to use the 87-year-old Color of Title Act to secure the property.
If they don't have color of title
, but are just laying claim to abandoned real estate, the statute of limitations runs for 25 years.