According to Texas law, what is needed for a claim under the 5 Year Statute Term?

Prepare for the Texas State Specific Exam (TSSE) for Land Surveying. Utilize flashcards and multiple choice questions with explanations. Ace your test!

The correct answer is indeed open possession of the land. Under Texas law, the 5-year statute of limitations for adverse possession claims requires not only that the claimant possesses the land but also that this possession is open and visible. Open possession means that the use of the land is evident to others, demonstrating that the claimant is treating the property as their own. This visibility is crucial as it informs neighbors and others that the claimant is asserting rights over the property.

In addition to being open, the possession must also be continuous and without permission from the original owner. This legal framework allows those who have occupied and improved the property for a period of five years to claim legal ownership, thus providing a pathway to settle disputes over property rights through prolonged occupation.

Each of the other options lacks the necessary conditions critiquing possession in the context of the 5 Year Statute Term. Formal legal advice and historical title documentation do not fulfill the requirement of demonstrating clear, open, and continuous possession of the land. Similarly, while registration may lend some credibility to a claim, it is not a prerequisite for establishing a claim under the adverse possession statute. The emphasis is squarely on the actual, observable occupation of the property.

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