What must be demonstrated to perfect ownership by adverse possession?

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

To perfect ownership by adverse possession, one must demonstrate actual, notorious, and open possession of the property. This concept is rooted in the idea that a person can claim ownership of land under certain conditions if they have occupied it without the permission of the true owner for a specified period of time, which varies by jurisdiction.

Actual possession means that the individual must physically use the land, treating it as their own. Notorious possession indicates that this use is visible and apparent—such that it would put a reasonable person on notice that someone is claiming ownership. Open possession underscores that the use cannot be secretive; it must be observable to others, reinforcing claims against the original owner.

This combination of attributes serves to protect the rights of the original landowner by requiring that any possession must be clear and obvious, thereby allowing the original owner a reasonable opportunity to assert their rights to the property if they so wish. Therefore, demonstrating actual, notorious, and open possession is crucial to establish a valid claim of adverse possession.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy