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Adverse Possession

National · Property Ownership & Land Use — free study notes for the real estate licensing exam.

🏘️ Property Ownership & Land Use

📖 What you need to know

Adverse possession lets a trespasser ripen use into TITLE when possession is open and notorious (visible), hostile (without permission), actual, exclusive, and continuous for the statutory period — remember 'OHACE'. Tacking lets successive adverse possessors add their periods together. Permission defeats the claim instantly: a licensee can never adversely possess. Compare the easement by prescription: same elements, but the squatter gains only a USE right, not title, and exclusivity is not required. Government land generally cannot be adversely possessed. To perfect the claim, the possessor usually files a quiet-title action.

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Questions students ask

Is Adverse Possession on the real estate exam?

Yes. Property Ownership & Land Use is a scored domain on the real estate licensing exam, and this topic appears in the national portion.

Is this cheat sheet free?

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