Texas Surveyors Practice Exam

What must exist for an adverse claim under the Ten Year Statute?

1. A claim of title must exist to an adjacent tract

2. Ownership must be transferred legally within ten years

3. The claimant must have paid property taxes in that time

4. Title must be verified by a licensed surveyor

The correct answer is: A claim of title must exist to an adjacent tract

For an adverse claim under the Ten Year Statute, it is essential that the claimant has a claim of title that exists to the disputed property. This principle stems from the idea that adverse possession requires the claimant to possess the land openly and without permission from the true owner, thereby establishing a claim of ownership that can eventually lead to legal title. In Texas, if someone occupies and uses a piece of property in a manner that meets specific legal requirements for a continuous period—typically ten years—they may be able to claim legal title to that property. A claim of title to an adjacent tract demonstrates the claimant's intention to assert ownership rights over the property directly in question. While the other options may have elements relevant in discussions about property ownership or adverse possession, they do not specifically address the fundamental requirement for claiming adverse possession under the timed statute. For instance, while paying property taxes can bolster a claim, it is not an explicit requirement for the adversity of the claim itself; merely holding a claim of title is sufficient.