Under what condition can a suit to recover land under Adverse Possession be brought?

Prepare for the Texas Registered Professional Land Surveyor Exam. Use flashcards and multiple choice questions with hints and explanations to aid your study.

A suit to recover land under Adverse Possession can be brought within 25 years of possession, which is the correct timeframe according to Texas property law. Adverse Possession is a legal doctrine that allows a person to claim ownership of land under certain conditions, typically when they have possessed and used the land openly, continuously, and without permission from the actual owner for a specified period of time.

In Texas, the law stipulates that the period required for a claim of adverse possession is 25 years. During this time, the possessor must demonstrate that their possession meets the criteria of being adverse, exclusive, actual, open, and notorious. The rationale behind this lengthy period is to allow for a clear, long-term usage that can contribute to the presumption of ownership rights, especially in cases where the original owner has not taken action to assert their claim.

In contrast, the other timeframes provided—1 year, 5 years, and 10 years—do not align with the statutory requirement for adverse possession claims in Texas. While there are shorter periods applicable under certain conditions or types of claims (like color of title or payment of property taxes), the standard period for adverse possession without any qualifying conditions is indeed 25 years.

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