In 2014, Priya told her neighbor Daniel that he could use the back garden area of her lot for vegetables until she decided to build a garage. Daniel fenced the area and cultivated it openly for 12 years in a state with a 10-year adverse possession period. In 2026, Daniel claims title by adverse possession. Which statement is most accurate?
Correct Answer
C) Daniel likely fails because his possession began with Priya's permission
Adverse possession generally requires possession that is hostile to the owner's title, meaning without permission. Because Priya expressly allowed Daniel to use the area, the possession began as permissive and therefore does not satisfy hostility unless Daniel later clearly repudiated that permission.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
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