Texas Surveyors Practice Exam

What is the primary factor in determining title rights?

1. Documentation of ownership

2. Possession

3. Legal contracts

4. Historical records

The correct answer is: Possession

Possession is considered the primary factor in determining title rights because it establishes a strong claim to ownership that can be recognized under law. This principle is grounded in the legal doctrine known as "possession is nine-tenths of the law," suggesting that a person who possesses property has a right to it, even if they may not have formal proof through documentation or historical records. While documentation of ownership, legal contracts, and historical records provide important context and support for a claim, possession often has actual legal implications in property disputes. A person in possession of land typically has the right to use it and may even claim ownership under certain conditions, such as adverse possession, if they fulfill specific legal criteria over a certain period of time. In summary, while all the other options contribute to establishing title rights, possession is key because it signifies the actual control and use of the property, which can lead to legal recognition of ownership.