Texas Land Conveyance, Surveying, and Adverse Possession Principles
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When may a call for course and distance control the boundary line? -
ANSWER-In the absence of calls for monuments, marked lines, or
adjacent lands.
Is a call for an adjoiner considered a 'monument'? -ANSWER-Yes, it is
considered a monument that governs measurements.
What is the controlling effect of monuments in general? -ANSWER-
Monuments will control all other calls in case of a conflict.
What controlling effect do natural landmarks have on boundary
determination? -ANSWER-Natural landmarks control inconsistent calls
for course and distance, quantity, metes and bounds, and mistaken
descriptions in a survey.
What controlling effect do marked trees have on boundary
determination? -ANSWER-A marked tree will control a call for course
and distance, whether called for corner or line.
What controlling effect does a fence erected on a surveyed line shortly
after the survey have on boundary determination? -ANSWER-A fence
,will control courses and distances or a subsequent survey made after
the stakes of the original survey had disappeared.
When will monuments not control other calls? -ANSWER-Monuments
will not control when placed by mistake or inadvertence, and in cases
of clear mistake, an inferior means of location may be preferred.
What is the definition of 'adverse possession'? -ANSWER-Adverse
possession is a method of acquisition of title by possession for a
statutory period under certain conditions.
What is required for possession to be considered 'hostile' in terms of
adverse possession? -ANSWER-'Hostile' means claiming possession and
denying validity to claims by others, not implying enmity.
What does 'open' mean in terms of adverse possession? -ANSWER-
Possession is 'open' when held without concealment, allowing others to
ascertain who is in possession.
What does 'notorious' mean in terms of adverse possession? -ANSWER-
Possession is 'notorious' when it is conspicuous and generally known by
the public.
What is the definition of a party wall? -ANSWER-A party wall divides
two adjoining properties, with rights of enjoyment for both owners.
, What is the definition of 'trespass to try title'? -ANSWER-A suit filed by
an adverse claimant to acquire limitation title of a parcel of land held
adversely.
What is required by the three-year statute of limitation regarding
adverse possession? -ANSWER-The claimant must hold under a regular
chain of deeds connecting back to the state.
What is required by the five-year statute of limitation regarding adverse
possession? -ANSWER-The claimant must have peaceable title, adverse
possession, and must have paid taxes for five consecutive years.
What is required by the ten-year statute of limitation regarding adverse
possession? -ANSWER-The claimant does not need to hold under a
deed, but must cultivate, use, or enjoy the land.
Does mere grazing of cattle on unfenced land constitute sufficient
notice to the record owner of an adverse claimant under the ten-year
statute? -ANSWER-No, mere grazing on unfenced land does not provide
sufficient notice.
What are the limitations on the amount of land that may be claimed
under the ten-year statute when occupying land under a deed? -
ANSWER-The claim may extend to the limits of the land described in
the deed.
Actual Exam 2026 || Most Recent Exam 2026|2027 Actual Complete
Real Exam Questions And Correct Answers (Verified Answers) Already
Graded A+ | Guaranteed Success!! Newest Exam | Just Released!!
When may a call for course and distance control the boundary line? -
ANSWER-In the absence of calls for monuments, marked lines, or
adjacent lands.
Is a call for an adjoiner considered a 'monument'? -ANSWER-Yes, it is
considered a monument that governs measurements.
What is the controlling effect of monuments in general? -ANSWER-
Monuments will control all other calls in case of a conflict.
What controlling effect do natural landmarks have on boundary
determination? -ANSWER-Natural landmarks control inconsistent calls
for course and distance, quantity, metes and bounds, and mistaken
descriptions in a survey.
What controlling effect do marked trees have on boundary
determination? -ANSWER-A marked tree will control a call for course
and distance, whether called for corner or line.
What controlling effect does a fence erected on a surveyed line shortly
after the survey have on boundary determination? -ANSWER-A fence
,will control courses and distances or a subsequent survey made after
the stakes of the original survey had disappeared.
When will monuments not control other calls? -ANSWER-Monuments
will not control when placed by mistake or inadvertence, and in cases
of clear mistake, an inferior means of location may be preferred.
What is the definition of 'adverse possession'? -ANSWER-Adverse
possession is a method of acquisition of title by possession for a
statutory period under certain conditions.
What is required for possession to be considered 'hostile' in terms of
adverse possession? -ANSWER-'Hostile' means claiming possession and
denying validity to claims by others, not implying enmity.
What does 'open' mean in terms of adverse possession? -ANSWER-
Possession is 'open' when held without concealment, allowing others to
ascertain who is in possession.
What does 'notorious' mean in terms of adverse possession? -ANSWER-
Possession is 'notorious' when it is conspicuous and generally known by
the public.
What is the definition of a party wall? -ANSWER-A party wall divides
two adjoining properties, with rights of enjoyment for both owners.
, What is the definition of 'trespass to try title'? -ANSWER-A suit filed by
an adverse claimant to acquire limitation title of a parcel of land held
adversely.
What is required by the three-year statute of limitation regarding
adverse possession? -ANSWER-The claimant must hold under a regular
chain of deeds connecting back to the state.
What is required by the five-year statute of limitation regarding adverse
possession? -ANSWER-The claimant must have peaceable title, adverse
possession, and must have paid taxes for five consecutive years.
What is required by the ten-year statute of limitation regarding adverse
possession? -ANSWER-The claimant does not need to hold under a
deed, but must cultivate, use, or enjoy the land.
Does mere grazing of cattle on unfenced land constitute sufficient
notice to the record owner of an adverse claimant under the ten-year
statute? -ANSWER-No, mere grazing on unfenced land does not provide
sufficient notice.
What are the limitations on the amount of land that may be claimed
under the ten-year statute when occupying land under a deed? -
ANSWER-The claim may extend to the limits of the land described in
the deed.
