What forms the basis of an adverse possession claim based on color of title?

Prepare for the Legal Aspects of Real Estate Test. Utilize flashcards and multiple choice questions with hints and explanations. Ace your exam!

An adverse possession claim based on color of title relies on the concept of having a written instrument that purports to establish ownership of the property, even if that ownership is ultimately flawed. This instrument can be a deed or some other document that gives the appearance of rightful ownership to the individual in possession. By having such a written document, the claimant can demonstrate that they have a legitimate basis for their belief that they own the property, which is an essential component of a claim based on color of title.

The possession claimed must also be continuous and exclusive, and the individual must act as though they are the true owner, but the presence of the written instrument serves as a foundational element that strengthens the case for adverse possession. The other options, such as verbal agreements, public declarations, or tax assessment notices, do not provide the same clear legal basis for a claim of ownership as a written instrument does. They may not sufficiently establish the legal claim necessary to support an adverse possession case.

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