Texas Surveyors Practice Exam

Under what condition can a person make an adverse claim for 25 years according to the Twenty-five Year Statute?

1. The person must hold a title to the property

2. The person must pay taxes on the claimed area

3. The person must reside on the property continuously

4. The person must have written consent from the property owner

The correct answer is: The person must pay taxes on the claimed area

The correct condition for making an adverse claim for 25 years under the Twenty-five Year Statute is that the person must pay taxes on the claimed area. This principle is rooted in property law, which emphasizes the importance of tax payment as an element of establishing a claim to property. By paying taxes, the individual demonstrates an acknowledgment of ownership and an intention to assert rights over the property. It reinforces the idea that they are treating the property as their own and holding it against the rightful owner. The other conditions mentioned may seem reasonable in some contexts, but they do not align with the statutory requirements for establishing an adverse possession claim. For example, while residing on the property continuously could strengthen a claim, it is not a strict requirement. Holding a title is also not necessary as adverse possession specifically applies to situations where there is no formal title recognized by the law. Lastly, requiring written consent from the property owner contradicts the fundamental nature of adverse possession, where a claimant seeks rights against the property owner's title.