Texas Surveyors Practice Exam

What does the Five Year Statute require from an adverse claimant?

1. The claimant must be a resident of Texas

2. The claimant must hold under a recorded deed and pay taxes

3. The claimant must have a legal guardian

4. The claimant must occupy the land continuously

The correct answer is: The claimant must hold under a recorded deed and pay taxes

The Five Year Statute in Texas establishes specific requirements for an adverse claimant seeking to gain legal ownership of land through adverse possession. One of the primary requirements is that the claimant must hold title under a recorded deed and also must pay property taxes on the land in question during the statutory period. This requirement ensures that the claimant demonstrates a legitimate claim to the property, as holding a recorded deed signifies a formal recognition of ownership, even if it is contested. Paying property taxes reinforces this claim, showing an ongoing financial responsibility for the property and an intention to possess it as an owner would. In contrast, simply being a resident of Texas, having a legal guardian, or occupying the land continuously do not, on their own, satisfy the statutory requirements. While residency and continuous occupancy are factors in adverse possession claims, they must be accompanied by the formal aspects of holding a recorded deed and paying taxes to meet the standards of the Five Year Statute.