National Real Estate Practice Exam

Which of the following actions qualifies as a form of adverse possession?

1. Paying property taxes

2. Using the property for weekends only

3. Obtaining a written agreement with the owner

4. Fencing the property for security

The correct answer is: Paying property taxes

Adverse possession is a legal doctrine that allows a person to claim ownership of land under certain conditions, typically if they have occupied it in a manner that is open, notorious, exclusive, hostile, and continuous for a statutory period. Paying property taxes on the property is a critical factor in establishing a claim of adverse possession because it demonstrates an assertion of ownership and a commitment to the property. When an individual pays property taxes, it signifies to the legal system that they are treating the property as their own, which is an important aspect of the "hostile" requirement. This act can strengthen their claim against the actual owner who is not exercising their rights over the property. In contrast, merely using the property for weekends only may not meet the "continuous" requirement, as it does not show long-term possession. Obtaining a written agreement with the owner typically implies that there is consent, which contradicts the "hostility" requirement of adverse possession. Fencing the property, while it may indicate an intention to claim the property, does not on its own satisfy the legal requirements necessary for a successful adverse possession claim without additional factors like payment of taxes or continuous use. Therefore, paying property taxes is a definitive action that fulfills one of the essential criteria of adverse