Madison v. Gordon

This case involves a title dispute and the characteristics of possession necessary to give a subsequent purchaser constructive notice of a possessor’s claim. The court of appeals held that possession alone gives a purchaser constructive notice. 9 S.W.3d 476, 479. We disagree. Under Texas law, possession giving rise to constructive notice must be visible, open, exclusive, and unequivocal. The purchaser in this case proved as a matter of law that the claimant’s possession was not exclusive or unequivocal. Accordingly, we reverse the court of appeals’ judgment and render judgment for the…