Property OwnershipIntermediateCalifornia Exam
Adverse possession in California requires continuous, open, notorious, hostile, and exclusive use for a statutory period of:
A3 years
B5 yearsCorrect
C10 years
D20 years
Why 5 years Is Correct
Answer B: 5 years
California Code of Civil Procedure Section 325 requires 5 years of continuous, open, notorious, hostile, exclusive use, plus payment of property taxes, for a successful adverse possession claim. All elements must be met simultaneously throughout the statutory period.
Exam Tip: Property Ownership
Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.
Key Property Ownership Terms in This Question
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Key Terms to Know
Adverse Possession
A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EasementA non-possessory right to use another person's land for a specific purpose.
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
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