What is meant by adverse possession?

Study for the Rhode Island Real Estate Sales Test. Access multiple choice questions with detailed explanations. Prepare effectively and ace your exam with confidence!

Adverse possession is a legal doctrine that allows a person to claim ownership of land under certain conditions, primarily through open and notorious use of that land without the permission of the original owner. This means that the individual asserting adverse possession must use the property in a manner that is visible and obvious to anyone, including the legal owner, which typically includes maintaining or improving the land.

To successfully claim adverse possession, several criteria must usually be met, including continuous and exclusive possession for a statutory period, demonstrating intent to use the property as an owner would, and use that is both open and notorious, meaning it is not secretive. This principle is rooted in the idea that property rights should reflect actual possession and use.

The other options provided do not align with the definition of adverse possession. Gaining title through a legal contract refers to the straightforward process of acquiring property rights through formal agreements, not through extended use. Transferring property to a family member involves a voluntary action that is legally documented, which is different from adverse possession. Purchasing real estate at auction involves a competitive bidding process to acquire title to property, again diverging from the concept of claiming land through possession.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy