Texas Surveyors Practice Exam

Which statute allows a claim of land without current title in Texas?

1. The Five-Year Statute

2. The Twenty-five Year Statute

3. The Ten Year Statute

4. The Thirty-Year Statute

The correct answer is: The Ten Year Statute

The Ten Year Statute is significant in Texas land law as it provides a mechanism for an individual to claim land that they have occupied for a period of ten years without holding formal title. This statute is rooted in the principle of adverse possession, which allows a person to gain legal ownership of land when they have been in continuous, exclusive, and hostile possession of it for the specified timeframe. In practical terms, occupancy under these conditions must be open and notorious, meaning that the possession is visible enough for others to notice and claim, and without the permission of the previous owner. If the claimant meets these requirements for the full ten years, they can be granted legal title to the property, despite not having a formal deed. This law encourages the productive use of land and helps resolve issues where property may be left unused or abandoned. Understanding this statute is essential for anyone studying property law in Texas, as it highlights how long-term possession can potentially lead to ownership rights even in the absence of clear title documentation.