Texas Surveyors Practice Exam

What condition must an adverse claimant fulfill under the Five Year Statute?

1. Occupy the land for five continuous years

2. Hold a deed that is not a forgery

3. Maintain a residence on the property

4. Obtain permission from previous owners

The correct answer is: Hold a deed that is not a forgery

The Five Year Statute in Texas allows a person who adversely claims a property to do so under specific conditions. One of the fundamental requirements is that the claimant must hold a deed to the property, and it must be valid – which means it should not be a forgery. This legal stipulation allows adverse claimants to establish their right to the property they occupy, as long as the deed is legitimate and demonstrates a true claim to the title. The requirement ensures that the adverse claimant has some form of recognized ownership or title document, which reinforces their claim legally. By coupling the possession of the deed with the requirement of occupying the land continuously for at least five years, the statute aims to balance the rights of original property owners with those of claimants who have laid claim to property in good faith. The other options suggest conditions that are either not legally mandated by the statute or are too specific to be universally applicable under the law. For instance, continuous occupancy can strengthen a claim but is not the only requisite; the legal supremacy of a valid deed is paramount.