Texas Surveyors Practice Exam

What is unique about the Ten Year Statute in adverse possession claims?

1. A title is required for the adverse claim

2. No title is required, but a claim of title to an adjacent tract must exist

3. It mandates the payment of taxes on the property

4. It requires a minimum of five witnesses

The correct answer is: No title is required, but a claim of title to an adjacent tract must exist

In the context of adverse possession claims, the Ten Year Statute in Texas notably stipulates that an individual can claim ownership of a property without having to show a prior legal title to that property. Instead, the statute allows for an individual to possess the property continuously and openly for a period of ten years, along with a claim of title to an adjacent tract of land. This provision is significant because it recognizes the occupation and use of land as a means of establishing a claim, thereby emphasizing the practical aspects of possession over legal formalities regarding title. The statute's framework aligns with the overarching principle of adverse possession, which is meant to encourage the productive use of land, while also balancing the rights of landowners. It reflects a legal understanding that if a person has openly and notoriously occupied a property for an extended period, this usage can offer some level of legal claim, even in the absence of a traditional title. This unique aspect of needing a claim to an adjacent tract rather than the property in question itself is an important condition that delineates Texas law from similar statutes in other jurisdictions.