Texas § CP.16.034 - ATTORNEY'S FEES
Full text of Texas The Texas Constitution § CP.16.034 — ATTORNEY'S FEES, with citation guidance and answers to common questions.
§ CP.16.034. ATTORNEY'S FEES
ATTORNEY'S FEES. (a) In a suit for the possession of real property between a person claiming under record title to the property and one claiming by adverse possession, if the prevailing party recovers possession of the property from a person unlawfully in actual possession, the court: (1) shall award costs and reasonable attorney's fees to the prevailing party if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith; and (2) may award costs and reasonable attorney's fees to the prevailing party in the absence of a finding described by Subdivision (1). (b) To recover attorney's fees, the person seeking possession must give the person unlawfully in possession a written demand for that person to vacate the premises. The demand must be given by registered or certified mail at least 10 days before filing the claim for recovery of possession. (c) The demand must state that if the person unlawfully in possession does not vacate the premises within 10 days and a claim is filed by the person seeking possession, the court may enter a judgment against the person unlawfully in possession for costs and attorney's fees in an amount determined by the court to be reasonable. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by: Acts 2009, 81st Leg., R.S., Ch. 901 (H.B. 556 ), Sec. 1, eff. September 1, 2009.
Frequently Asked Questions About Texas § CP.16.034
What does The Texas Constitution § CP.16.034 cover?
Section CP.16.034 ("ATTORNEY'S FEES") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § CP.16.034?
A common citation format is "The Texas Constitution § CP.16.034" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § CP.16.034 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.