Modifies procedures for actions for adverse possession. An action for adverse possession originates when a party enters land owned by another and then stays and uses the land. The occupier must prove entry onto the land, open use of the land, that the owner of the land had no knowledge of the use, and that the use was for a continuous period of time. This act requires that one asserting title to real property through adverse possession prove each element by clear and convincing evidence and be responsible for all attorney and court costs. The prevailing party in an adverse possession action is liable for all property taxes assessed on the property during the period of adverse possession. The act will apply to all actions filed on or after July 1, 2012.   Official Text and Analysis.

Modifies the requirement for adverse possesion claiments to be "clear, cogent, and convincing evidence." The substitute bill sets parameters for requiring a claimant to pay taxes and assessments.

To allow a court to award all or a portion of costs and reasonable attorneys' fees to the prevailing party in an adverse possession action as is equitable and just, rather than to only the person defending against the claim of adverse possession. The amendment also specifies that the court shall determine how to allocate taxes or assessments between the property acquired by adverse possession and the property retained by the title holder as appears equitable and just, if the court orders reimbursement or payment of taxes or assessments by a party who prevails against the holder of record title. In addition, the amendment makes technical changes.

To require the higher "clear, cogent, and convincing evidence" standard of proof for some adverse possession claims. Allows a court to award costs and reasonable attorneys' fees to the prevailing party in an action asserting title to real property by adverse possession if the court decides such an award is equitable and just. Permits a court to decide that a party who prevails on an adverse possession claim must pay certain taxes levied on the property that were paid by another party or that went unpaid.

To remove the requirement that a person asserting a claim of adverse possession must prove each element of his or her case by clear, cogent, and convincing evidence is removed. The provision that allowed the court to award all or a portion of the costs and attorneys' fees to the prevailing party in an action asserting title to real property by adverse possession is removed.

House refuses to concur in Senate amendments. Asks Senate to recede from amendments.

Senate recedes from original amendments and instead removes the requirement that a person asserting a claim of adverse possession must prove each element of his or her case by clear, cogent, and convincing evidence and removes the provision that allowed the court to award all or a portion of costs and attorneys' fees to the prevailing party in an action asserting title to real property by adverse possession.

House concurs with the Senate amendments.

Removes the requirement that a person asserting a claim of adverse possession must prove each element of his or her case by clear, cogent, and convincing evidence and removes the provision that allowed the court to award all or a portion of costs and attorneys' fees to the prevailing party in an action asserting title to real property by adverse possession.