To claim title by adverse possession, the claimant's possession must meet several requirements, often remembered by the acronym OCEAN: Open and notorious, Continuous for the statutory period, Exclusive (not shared with the owner), Adverse or hostile (without permission), and Notorious (visible to anyone). The statutory period varies by state, typically ranging from 5 to 20 years. Once the requirements are met, the claimant can file a quiet title action to obtain legal title.
A farmer builds a fence that accidentally extends 10 feet onto the neighbor's property and farms that strip of land openly for 20 years. The neighbor never objects. After the statutory period expires, the farmer may claim ownership of that strip through adverse possession by filing a quiet title action.
Remember OCEAN for the requirements: Open, Continuous, Exclusive, Adverse/hostile, Notorious. Key exam point: adverse possession CANNOT be used against government-owned land in most states. The possession must be WITHOUT the owner's permission — if the owner grants permission, it becomes a license, not adverse possession.
Related Terms
Related Concepts
A deed is a written legal document that conveys (transfers) ownership of real property from one party to another. It must be delivered to and accepted by the grantee to be effective.
A general warranty deed provides the greatest protection to the grantee by guaranteeing that the grantor holds clear title and has the right to sell the property. It includes covenants that protect against all defects in title, even those arising before the grantor owned the property.
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
Frequently Asked Questions
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