Texas Registered Professional Land Surveyor (RPLS) Practice Test

The concept of possession in Adverse Possession is defined by the principles of being actual and notorious. "Actual" possession means that the individual must physically use the land in a way that is consistent with ownership. This could involve activities like building structures, cultivating crops, or otherwise making use of the property. "Notorious" possession indicates that the use of the land must be visible and apparent to others, meaning that it is not hidden or secretive. This visibility is crucial because it puts the true owner on notice that someone else is asserting a claim to the property.

This framework serves a specific purpose; it protects the rights of those who have occupied and used property in a way that suggests ownership, ultimately providing a legal avenue for them to attain title after a certain period. Hence, actual and notorious possession encompasses the necessary visibility and confirmation of use that distinguishes adverse possessors from mere trespassers.