National Real Estate Practice Exam

What is a primary characteristic of adverse possession?

1. The use must be confidential

2. The use must be open and notorious

3. The use must be for a limited time only

4. The use must be agreed upon by the owner

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

A primary characteristic of adverse possession is that the use of the property must be open and notorious. This means that the possession of the property is visible and apparent to anyone, including the legal owner. The intention behind this requirement is to ensure that the true owner is aware or should be aware of the unauthorized use of their property, which allows them to take action if desired. For adverse possession to be established, it is essential that the possession is not secretive; if it were, the true owner might never know that someone else is claiming their property. Additionally, having the use be open and notorious serves to protect property rights by allowing for a clear acknowledgment of the claim being made by the possessor. The other characteristics associated with adverse possession, while important, do not capture this particular aspect. For example, the notion of limited time pertains to the duration of possession rather than the visibility of the use. The requirement for mutual agreement with the owner contradicts the nature of adverse possession, which typically occurs without the owner's consent. Therefore, open and notorious use is a fundamental characteristic distinguishing adverse possession from other forms of property claims.