What is adverse possession?

Adverse possession is a legal doctrine allowing a person to claim ownership of land under certain conditions, despite the ownership being held by another party. The correct answer describes adverse possession as an actual and visible appropriation of land under a claim of right that is inconsistent with the original owner’s claim. This means that the person claiming adverse possession must demonstrate that their use of the property is open, notorious, exclusive, hostile, and continuous for a specific period defined by state law.

In simplest terms, the claimant must occupy the land and use it in such a way that it is apparent to the rightful owner and the public, rather than secretive or hidden. Additionally, the intention behind the occupation must be to take over the property and utilize it as if it belongs to them, not just for temporary use or without the appropriate intention of ownership.

The emphasis on the claim being "inconsistent" with that of another's highlights an important aspect of adverse possession: it operates against the interests of the true owner. This legal principle aims to encourage the productive use of land and prevent it from lying fallow while title holders neglect maintenance.

The other choices do not capture the essence of adverse possession effectively. For instance, possession that follows a clear legal claim suggests lawful occupancy