Tran v. MacHa, 213 S.W.3d 913 (Tex. 2006). · Go Syfert
Tran v. MacHa, 213 S.W.3d 913 (Tex. 2006). Cases Citing This Book View Copy Cite
189 citation events (188 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Lisa Ann Hoffman and David Hoffman v. Cecilia Mena, Sheila L. Adams, and JP Morgan Chase Bank, N.A. (4×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
we agree that building a structure on property may be sufficient evidence of adverse possession.
examined Cited as authority (verbatim quote) Cambridge Holdings, Ltd.// the Cambridge Condominiums Council of Owners v. the Cambridge Condominiums Council of Owners// Cross-Appellee, Cambridge Holdings, Ltd. (3×) also: Cited as authority (rule)
Tex. App. · 2010 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
joint use is not enough, because 'possession must be of such character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant.
examined Cited as authority (verbatim quote) Cambridge Holdings, Ltd.// the Cambridge Condominiums Council of Owners v. the Cambridge Condominiums Council of Owners// Cross-Appellee, Cambridge Holdings, Ltd. (3×) also: Cited as authority (rule)
Tex. App. · 2010 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
joint use is not enough, because 'possession must be of such character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant.
discussed Cited as authority (verbatim quote) Phillip Wilson and Laura Wilson// Neoma Whetstone v. Neoma Whetstone// Phillip Wilson and Laura Wilson (2×) also: Cited "see"
Tex. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
joint use is not enough.
discussed Cited as authority (verbatim quote) Phillip Wilson and Laura Wilson// Neoma Whetstone v. Neoma Whetstone// Phillip Wilson and Laura Wilson (2×) also: Cited "see"
Tex. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
joint use is not enough.
discussed Cited as authority (verbatim quote) Tom Baughn and Amy Hetrick, and the Estates of Milton Baughn and Letyr Baughn v. Curtis Capps (2×) also: Cited as authority (rule)
Tex. App. · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence high
haliburton shared use of the strip with the buddes, so her use was not inconsistent with or hostile to their ownership.
discussed Cited as authority (verbatim quote) in Re Fleetwood Homes of Texas, L.P., and Fleetwood Enterprises, Inc. (2×) also: Cited as authority (rule)
Tex. App. · 2006 · signal: see also · quote attribution · 1 verbatim quote · confidence high
haliburton shared use of the strip with the buddes, so her use was not inconsistent with or hostile to their ownership.
examined Cited as authority (rule) Houston International Management & Trade, Inc. v. Peacock Shipping and Trading, Inc., Celestial Holdings, LTD., and Celestial Company (3×)
txctapp1 · 2026 · confidence medium
Although “hostile” use does not require an intention to dispossess the rightful owner, the claimant must intend “to claim the property as one’s own to the exclusion of all others.” Id. (quoting Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006) (per curiam)).
examined Cited as authority (rule) Hestia Management, LLC, Hestia Investments, Ltd., and Troy Tucker v. Bernard Klimist and Laura Stuart (4×) also: Cited "see"
Tex. App. · 2025 · confidence medium
Villarreal v. Guerra, 446 S.W.3d 404, 413 (Tex. App.—San Antonio 2014, pet. denied) (citing Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006)).
examined Cited as authority (rule) JJ&A Partnership Rental, LP and James M. Fulton Jr. v. J&D Partners, LTD., Cheryl Huelsman, and James M. Fulton Sr. (6×) also: Cited "see"
Tex. App. · 2025 · confidence medium
“Under Texas law, adverse possession requires ‘an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.’” Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006) (quoting Tex. Civ.
cited Cited as authority (rule) JFMPC, LLC v. JTL JV, LLC
Bankr. W.D. Tex. · 2024 · confidence medium
“Thus, there must be adverse possession, not just adverse beliefs.” Minh Thu Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006). a.
discussed Cited as authority (rule) Larry Johns v. Carl R. Grantom and Leigh Ann Grantom (2×) also: Cited "see, e.g."
Tex. App. · 2023 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006) (per curiam); Bywaters v. Gannon, 686 S.W.2d 593, 595 (Tex. 1985); see also Nat.
discussed Cited as authority (rule) Fort Worth & Western Railroad Company v. Nathan D. Albert and Chisholm Trail Redi-Mix, LLC
Tex. App. · 2022 · confidence medium
Before courts will take the "severe step" of "taking real estate from a record owner without express consent or compensation . . . the law reasonably requires that the parties' intentions be very clear." Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Rosalind Johnson v. German Guerra
Tex. App. · 2021 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006) (per curiam); Bywaters v. Gannon, 686 S.W.2d 593, 595 (Tex. 1985).
discussed Cited as authority (rule) Eitan Levy and Nili Levy v. Gary Leach (2×) also: Cited "see"
Tex. App. · 2021 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006) (per curiam); Bywaters v. Gannon, 686 S.W.2d 593, 595 (Tex. 1985); see also Nat.
discussed Cited as authority (rule) United States v. 4.587 ACRES OF LAND, MORE OR LESS
S.D. Tex. · 2021 · confidence medium
A party claiming adverse possession must have “consistently and 36 Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006) (alteration and quotation omitted); see Villarreal v. Guerra, 446 S.W.3d 404, 410 (Tex. App.—San Antonio 2014, pet. denied) (“The test for hostility is whether acts performed by the claimant on the land, and the use made of the land, were of such a nature and character as to reasonably notify the true owner of the land that a hostile claim was being asserted to the property.”). 37 Dkt.
cited Cited as authority (rule) Ivy Bell v. Midway Petroleum Group LP
Tex. App. · 2021 · confidence medium
However, “‘hostile’ use does not require an intention to dispossess the rightful owner, or even know that there is one.” Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006).
discussed Cited as authority (rule) 2027 South Austin Street, LLC and Paul B. Christy v. LaTour Condominiums, Inc. (2×)
Tex. App. · 2021 · confidence medium
Minh Thu Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006) (per curiam). “‘[H]ostile’ use does not require an intention to dispossess the rightful owner, or even know that there is one.
cited Cited as authority (rule) Melissa Benner, as Administrator of the Estate of Ruth Marie Warren v. Krystal S. Armstrong and Jeffery Lee Armstrong
Tex. App. · 2021 · confidence medium
Minh Thu Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006), Moore v. Stone, 255 S.W.3d 284, 288 (Tex. App. —Waco 2008, pet. den’d).
discussed Cited as authority (rule) Olga Gutierrez, Individually & Independent Administrator With Will Annexed for the Estate of Enedina Gutierrez v. Don Lorenz and Judy Lorenz (2×) also: Cited "see"
Tex. App. · 2020 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006) (per curiam); Bywaters v. Gannon, 686 S.W.2d 593, 595 (Tex. 1985); see also Pool, 124 S.W.3d at 198 (holding that “a record titleholder’s ignorance of what it owns does not affect the running of limitations”).
discussed Cited as authority (rule) Kevin Frazier, on Behalf of Neal Frazier v. Richard Donovan (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Judith Ann Miears and Patricia Anderson v. Jean McPherson
Tex. App. · 2019 · confidence medium
CODE ANN. § 16.021; Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006) (per curiam); Williams, 6 S.W. at 861–62.
discussed Cited as authority (rule) James Daniel Roberts and Sheryl A. Gross v. Linda Ratliff, Robert Ratliff, and Leonard Ratliff
Tex. App. · 2018 · confidence medium
Because adverse possession is a harsh doctrine, the law requires that a party’s intention to appropriate property via adverse possession be “very clear.” Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006). “[T]he mere grazing of land incidentally enclosed as a result of the construction of fences built for another purpose does not constitute possession that will ripen into title by limitation.
discussed Cited as authority (rule) Mohamed Ahmed v. Hinga Mbogo (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006); Kazmir v. Benavides, 288 S.W.3d 557, 564 (Tex. App.––Houston [14th Dist.] 2009, no pet.).
cited Cited as authority (rule) Larry D. Prewitt and Deborah D. Prewitt v. Jackie Neil Norsworthy
Tex. App. · 2016 · confidence medium
However, “‘hostile’ use 10 does not require an intention to dispossess the rightful owner, or even know that there is one.” Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006).
discussed Cited as authority (rule) Nac Tex Hotel Co., Inc. v. Stephen Greak, Individually, Dee Winston, Individually and E & G Investments, a General Partnership (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Hector Estrada, Isela Estrada, Maria Martinez, and Jorge Gonzales v. Daner Lee Cheshire and Lyndon Charles Cheshire
Tex. App. · 2015 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 914 (Tex.2006); Kazmir v. Benavides, 288 S.W.3d 557, 564 (Tex.App.~ Houston [14th Dist.] 2009, no pet.).
discussed Cited as authority (rule) G.W. Kolstad and William Fraser v. Mary June Owen Merrell (2×)
Tex. App. · 2015 · confidence medium
Co., 787 S.W.2d 948, 950 (Tex. 1990)……………………………………………..…14 Rhodes v. Cahill, 802 S.W.2d 643, 645 (Tex. 1990)………………………………………………..13 Skiles v. Jack in the Box, Inc., 170 S.W.3d 173, 178 (Tex. App. – Dallas 2006, no pet)………………………10 In re Staley, 320 S.W.3d 490, 502 (Tex. App. – Dallas 2010, pet. denied)…………...……15 Tran v. Macha, 213 S.W.3d 913, 914-15 (Tex. 2006)……………………………………………13 Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex. 2005)…………�…
discussed Cited as authority (rule) Nac Tex Hotel Co., Inc. v. Stephen Greak, Individually, Dee Winston, Individually and E & G Investments, a General Partnership (2×)
Tex. App. · 2015 · confidence medium
App.—Amarillo 1976, writ ref’d n.r.e.) ................................................................................................................ 3 King v. Inwood N. Assocs., 563 S.W.2d 309, 312 (Tex. App.—Houston [1st Dist.] 1978, no writ)............................................................................................................ 5 Southwestern Lumber Co. of New Jersey v. Allison, 276 S.W. 418 (Tex. Comm’n App. 1925, holding approved). ................................................................................. 4 Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006…
cited Cited as authority (rule) America Amada Gonzalez and Jamie Christina Garza McRae v. Jose Gilberto Pena, Et Ux.
Tex. App. · 2015 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006).
examined Cited as authority (rule) Kings River Trail Ass'n v. Pinehurst Trail Holdings, L.L.C. (4×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Prac. & Rem.Code Ann. § 16.021(1) (West 2014); Tran v. Macho, 213 S.W.3d 913, 914 (Tex.2006).
discussed Cited as authority (rule) Janice Dudley v. Nettie Johnson and Joseph Conwright (2×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006).
examined Cited as authority (rule) Pinehurst Trail Holdings, LLC v. Kevin Donnellan (4×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Code Ann. §16.021 (1) (West 2014); Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006).
cited Cited as authority (rule) Glen Jones v. Jimmy D. Hand
Tex. App. · 2014 · confidence medium
In addition, “mere occupancy of land without intention to appropriate is not hostile.” Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Schuhardt Consulting Profit Sharing Plan v. Double Knobs Mountain Ranch, Inc.
Tex. App. · 2014 · confidence medium
“The.statute requires a visible appropriation.” Tran v. Macha, 213 S.W.3d 913, 914 (Tex.2006).
cited Cited as authority (rule) Schuhardt Consulting Profit Sharing Plan, Allan P. Blosxom, III, Thomas O. Stoner, Stormy Night, LLC and TOS Ranch, LLC v. Double Knobs Mountain Ranch, Inc and Carlton E. Thompson
Tex. App. · 2014 · confidence medium
“The statute requires a visible appropriation.” Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006).
discussed Cited as authority (rule) Curtis Capps v. Marvin Gibbs (2×)
Tex. App. · 2013 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006); see Rhodes v. Cahill, 802 S.W.2d 643, 645 (Tex. 1990) (noting that “possession must be of such character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant” (emphasis in original)).
examined Cited as authority (rule) Dennis Davis, Individually and D/B/A Aqua Tech Marine Industries Debbie Desmond, Individually and D/B/A Aqua Tech Marine Industries And Aqua Tech Marine Industries, Inc. v. Steven L. Johnston, Maria Estella Arguinde-Johnston, Stephen H. Gay and Carilynne Yaffe Gay (3×) also: Cited "see"
Tex. App. · 2012 · confidence medium
Relatedly, the claim of right must be inconsistent with the landowner's legal rights to use the property, see Scott , 959 S.W.2d at 722 , although this "does not require an intention to dispossess the rightful owner, or even know there is one," see Tran v. Macha , 213 S.W.3d 913, 915 (Tex. 2006) (per curiam).
examined Cited as authority (rule) Dennis Davis, Individually and D/B/A Aqua Tech Marine Industries Debbie Desmond, Individually and D/B/A Aqua Tech Marine Industries And Aqua Tech Marine Industries, Inc. v. Steven L. Johnston, Maria Estella Arguinde-Johnston, Stephen H. Gay and Carilynne Yaffe Gay (3×) also: Cited "see"
Tex. App. · 2012 · confidence medium
Relatedly, the claim of right must be inconsistent with the landowner’s legal rights to use the property, see Scott, 959 S.W.2d at 722 , although this “does not require an intention to dispossess the rightful owner, or even know there is one,” see Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Susan G. Reid and Gerald R. Reid v. Charles Hutton, Lafreita Hutton, Gary Hutton, and Jimmy Hutton
Tex. App. · 2011 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 914 (Tex. 2006).
discussed Cited as authority (rule) BP America Production Co. v. Marshall (2×) also: Cited "see"
Tex. · 2011 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 914 (Tex.2006); Bywaters v. Gannon, 686 S.W.2d 593, 595 (Tex.1985); see also Natural Gas Pipeline Co. of Am. v. Pool, 124 S.W.3d 188, 198 (Tex.2003) (holding that “a record titleholder’s ignorance of what it owns does not affect the running of limitations”).
cited Cited as authority (rule) Boerschig v. SOUTHWESTERN HOLDINGS, INC.
Tex. App. · 2010 · confidence medium
Hostile use, however, “does not require an intention to dispossess the rightful owner, or even know that there is one.” Tran v. Macha, 213 S.W.3d 913, 915 (Tex.2006).
discussed Cited as authority (rule) Allen and Martha Lewis Revocable Trust and Martha Lewis, Individually v. Daniel Perales and Erin Perales
Tex. App. · 2010 · confidence medium
“The statute requires that such possession be ‘inconsistent with’ and ‘hostile to’ the claims of all others.” Moore v. Stone , 255 S.W.3d 284, 288 (Tex. App.—Waco 2008, pet. denied) (citing Tran v. Macha , 213 S.W.3d 913, 914 (Tex. 2006)).
cited Cited as authority (rule) John P. Boerschig v. Southwestern Holdings, Inc.
Tex. App. · 2010 · confidence medium
Hostile use, however, "does not require an intention to dispossess the rightful owner, or even know that there is one." Tran v. Macha , 213 S.W.3d 913, 915 (Tex. 2006).
cited Cited as authority (rule) John P. Boerschig v. Southwestern Holdings, Inc.
Tex. App. · 2010 · confidence medium
Hostile use, however, Adoes 19 not require an intention to dispossess the rightful owner, or even know that there is one.@ Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006).
discussed Cited as authority (rule) Gulley v. Davis (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
Joint use of the property with the owner does not satisfy the statute because “possession must be of such character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant.” Tran v. Macha, 213 S.W.3d 913, 914 (Tex.2006) (quoting Rhodes v. Cahill, 802 S.W.2d 643, 645 (Tex.1990)) (emphasis in original); see also Rick v. Grubbs, 147 Tex. 267 , 214 S.W.2d 925, 927 (1948) (stat *220 ing requirements of adverse possession “are not satisfied if the occupancy is shared with the owner or his agents or tenants”); Martin v. McDonnold, 247 S.W.3d 224, 236 (Tex.Ap…
cited Cited as authority (rule) Paul M. Werchan and Mary A. Werchan v. Lakewood Estates Association
Tex. App. · 2009 · confidence medium
This “does not require an intention to dispossess the rightful owner, or even know there is one.” See Minh Thu Tran v. Macha, 213 S.W.3d 913, 915 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Paul M. Werchan and Mary A. Werchan v. Lakewood Estates Association
Tex. App. · 2009 · confidence medium
This "does not require an intention to dispossess the rightful owner, or even know there is one." See Minh Thu Tran v. Macha , 213 S.W.3d 913, 915 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Kazmir v. Benavides
Tex. App. · 2009 · confidence medium
Tran v. Macha, 213 S.W.3d 913, 915 (Tex.2006).
cited Cited as authority (rule) Adolph R. Kazmir and Ruth S. Kazmir v. Ruben A. Benavides and Sylvia Benavides
Tex. App. · 2009 · confidence medium
Tran v. Macha , 213 S.W.3d 913, 915 (Tex. 2006).
Retrieving the full opinion text from the archive…
Minh Thu TRAN, Norman L. Roser and Washington Mutual Bank, FA, Petitioners,
v.
William MACHA and Nita MacHa, Respondents
04-1107.
Texas Supreme Court.
Dec 1, 2006.
213 S.W.3d 913
David W. Holman, The Holman Law Firm, P.C., Robert Alan York, Godwin Pappas Langley Ronquillo LLP, Larry E. Meyer, McCormick Hancock & Newton, Houston, for petitioners., William David George, Connelly, Baker, Maston, Wotring, Jackson LLP, Anne Gibson Edwards, Edwards & George LLP, Sandra Thourot Krider, Edwards Burns & Krider LLP, Claire Swift Kugler, Edwards Burns & Braziel LLP, Houston, TX, for respondents.
Per Curiam.
Cited by 85 opinions  |  Published
PER CURIAM.

Neighboring relatives shared the use of a driveway for many years, thinking it belonged to one of them when in fact it belonged to the other. The court of appeals held this mutual mistake and mutual use transferred title by adverse possession. We disagree, and thus reverse.

In the 1920s, land on what is now Case Street in the City of West University Place in Harris County was subdivided into lots 55 feet wide. But during construction in the 1930s and '40s, several houses were built on the mistaken assumption that the lots were only 50 feet wide. As a result, each house was increasingly shifted to the east side of its lot, until the house on Lot 5 was built next to that lot’s eastern boundary with Lot 6. This case concerns a driveway built on a 20-foot strip of land just east of that boundary — a strip everyone assumed was on Lot 5, but was actually on Lot 6.

When Lillian Haliburton bought Lot 5 in 1970, Lot 6 was owned by her brother’s family, the Buddes. For many years, both families used the driveway on the disputed strip. The driveway led to a garage built on both lots, which Haliburton used for parking and storage. Although Halibur-ton was no longer living at the time of trial, there was testimony that family members all presumed mistakenly that the driveway and garage belonged to her Lot 5.

In 1995, the Buddes sold Lot 6 to the defendants, Minh Thu Tran and Norman L. Roser. In 2001, Haliburton sold Lot 5 to the plaintiffs, William and Nita Macha, who already owned Lot 4 to the west. During the latter transaction, a survey revealed that the driveway was not a part of Lot 5, so the Machas secured a quitclaim deed conveying any interest Halibur-ton might have acquired in the strip by adverse possession. When Tran and Roser learned of the survey, they obtained a permit and erected a fence around the strip. This suit ensued.

A jury found the strip had passed by adverse possession to Haliburton, and thence to the Machas. The First Court of Appeals affirmed, holding in a divided opinion that Haliburton’s use of the strip and everyone’s mistaken belief that she owned it were legally sufficient evidence of adverse possession. See 176 S.W.3d 128 (Tex.App.-Houston [1st Dist.] 2004). We disagree.

Under Texas law, adverse possession requires “an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.” Tex. Civ. PRAC. & Rem. Code § 16.021(1). The statute requires visible appropriation; mistaken beliefs about ownership do not transfer title until someone acts on them. See, e.g., Bywaters v. Gannon, 686 S.W.2d 593, 595 (Tex.1985). Thus, there must be adverse possession, not just adverse beliefs.

The statute requires that such possession be “inconsistent with” and “hostile to” the claims of all others. Joint use is not enough, because “possession must be of such character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant.” Rhodes v. Cahill, 802 S.W.2d 643, 645 (Tex.1990) (quoting Rick v. Grubbs, 147 Tex. 267, 214 S.W.2d 925, 927 (1948)) (emphasis in original); McDonnold v. Weinacht, 465 S.W.2d 136, 141 (Tex.1971). Here, Haliburton shared use of the strip with the Buddes, so her use was not inconsistent with or hostile to their ownership. See, e.g., Brooks v. Jones, 578 S.W.2d 669, 673 (Tex.1979) (“It[*915] has long been the law in Texas that when a landowner and the claimant of an easement both use the same way, the use by the claimant is not exclusive of the owner’s use and therefore will not be considered adverse.”).

The court of appeals held that Hali-burton adversely possessed the strip by building a driveway and garage on it. 176 S.W.3d at 132. But nothing in the record shows she did either. To the contrary, both were in place before she bought Lot 5, and nothing shows who built them or when. We agree that building a structure on property may be sufficient evidence of adverse possession. See City of El Paso v. Fort Dearborn Nat’l Bank, 96 Tex. 496, 74 S.W. 21, 23 (1903); McDow v. Robb, 56 Tex. 154, 161 (1882). But the record here shows only that Haliburton used the driveway and garage, not that she built them.

The court of appeals also held that “adverse possession need not be intentional, so long as it is visible, open, and notorious.” 176 S.W.3d at 133. It is true that “hostile” use does not require an intention to dispossess the rightful owner, or even know that there is one. See Calfee v. Duke, 544 S.W.2d 640, 642 (Tex.1976). But there must be an intention to claim property as one’s own to the exclusion of all others; “[m]ere occupancy of land without any intention to appropriate it will not support the statute of limitations.” Ellis v. Jansing, 620 S.W.2d 569, 571 (Tex.1981) (quoting Wright v. Vernon Compress Co., 156 Tex. 474, 296 S.W.2d 517, 522 (1956)); Nona Mills Co. v. Wright, 101 Tex. 14, 102 S.W. 1118, 1120 (1907). Here, there is no evidence Haliburton ever intended to exclude the Buddes, or that they used the driveway only with her express permission.

It may seem harsh that adverse possession rewards only those who believe “good fences make good neighbors,” [1] and not those who are happy to share. But the doctrine itself is a harsh one, taking real estate from a record owner without express consent or compensation. Before taking such a severe step, the law reasonably requires that the parties’ intentions be very clear.

Accordingly, without hearing oral argument, we reverse the court of appeals’ judgment and render judgment for the defendants. See Tex.R.App. P. 59.1.

1

. Robert Frost, North of Boston, Mending Wall (1915):

There where it is we do not need the wall.
He is all pine and I am apple orchard.
My apple trees will never get across
And eat the cones under his pines, I tell him.
He only says, "Good fences make good neighbors”.