Texas Surveyors Practice Exam

What is the requirement of the Three Year Statute for adverse possession claims?

1. The claimant must pay property taxes annually

2. The claimant must hold title or color of title

3. The claimant must occupy the property continuously

4. The claimant must have a witness present

The correct answer is: The claimant must hold title or color of title

The requirement of holding title or color of title is essential for adverse possession claims under the Three Year Statute in Texas. This means that, in order for a claimant to assert an adverse possession claim, they must demonstrate that they have some form of legal title or a claim to title, even if that claim is contested or not formally recognized. Color of title refers to an imperfect title that appears to grant ownership rights, such as a deed that may be flawed in some way. This requirement protects the property owner by ensuring that only those who have a legitimate assertion of ownership or a reasonable belief of ownership can claim adverse possession. It establishes a higher bar for claimants, as mere possession of the property is not sufficient without the backing of some form of documented ownership. The other options, while they may reflect aspects of adverse possession, do not capture the core statutory requirement specifically tied to the Three Year Statute. For instance, while paying property taxes or continuous occupancy can be factors in other statutes, they are not the primary requirements under this specific claim. Having a witness present is not a standard condition for claiming adverse possession in Texas.