What is the name of the action used to recover possession of real property?

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

The action used to recover possession of real property is commonly referred to as "trespass to try title." This legal remedy allows an individual who claims a right to possession to seek the court's intervention in order to establish their ownership and regain control of the property in question. This action is based on the principle that the party who has a superior title or claim to the property is entitled to its possession.

The process typically involves demonstrating ownership through evidence and may require resolving disputes over competing claims. Unlike other actions, such as ejectment, which focuses solely on the recovery of possession, trespass to try title is distinctive because it necessitates the establishment of ownership rights before possession can be awarded.

The other terms represent different legal actions that relate to real property but do not directly address the recovery of possession in the same way. A boundary suit deals primarily with the determination of property lines, while quiet title actions are used to clear title issues rather than directly addressing possession. Ejectment, on the other hand, is more focused on the removal of a tenant or unauthorized occupant from the property but doesn’t typically involve a determination of ownership. Through this context, it is clear why "trespass to try title" is the appropriate answer for recovering possession of

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy