Texas Real Estate State Practice Exam

What legal concept refers to the acquisition of property from the rightful owner through the State of Limitations?

1. Lein

2. Reservation

3. Easement

4. Adverse Possession (Squatter's rights)

The correct answer is: Adverse Possession (Squatter's rights)

The correct answer is the acquisition of property through "Adverse Possession," often referred to as "squatter's rights." This legal concept allows an individual to claim ownership of land under certain conditions, specifically when they possess the property in a manner that is actual, open and notorious, exclusive, hostile, and continuous for a statutory period, which varies by jurisdiction. Adverse possession is designed to encourage the productive use of land and to resolve disputes over property rights when the original owner fails to maintain their property. It ultimately serves to promote land stability and certainty in property ownership. The other concepts listed do not pertain to the acquisition of property through the State of Limitations in the same way. A lien involves a legal right or interest that a lender has in the borrower's property, typically until a debt obligation is satisfied. A reservation is a clause in a deed that allows the seller to retain certain rights to the property after the sale. An easement is a legal right to use another's land for a specific purpose. None of these terms involve acquiring property from the rightful owner in the same manner that adverse possession does.