National Real Estate Practice Exam

What must be true for a person to claim adverse possession of a property?

1. The possession must be secret

2. The possession must be open and notorious

3. The possession must be within a lease agreement

4. The possession must avoid interference

The correct answer is: The possession must be open and notorious

For a person to claim adverse possession of a property, it is essential that the possession is open and notorious. This means that the occupation of the property must be visible and apparent, allowing the true owner and the public to recognize that someone is in possession of the property. This requirement helps ensure that the rightful owner is aware of the occupation, so they have an opportunity to take action to reclaim their property if desired. Adverse possession laws are designed to encourage land use and prevent properties from sitting idle. By having the possession be open and notorious, the law aims to protect the interests of property owners while balancing the rights of those who may have taken possession of a property in good faith and have established a longstanding use. Possession cannot be secret; otherwise, it would undermine the premise of the rightful property owner's ability to claim their land. Therefore, open and notorious possession is a fundamental aspect of the adverse possession claim process.