Property OwnershipIntermediateCalifornia Exam

What is 'adverse possession' and what are California's requirements?

AA government taking of property; requires compensation, per standard California real property conventions, under standard California property ownership law, consistent with common law property principles

BAcquiring legal title to another's land by open, notorious, hostile, continuous possession under a claim of right for 5 years while paying property taxesCorrect

CPurchasing property below market value from a distressed seller, under standard California property ownership law, consistent with common law property principles

DLeasing property with an option to buy, as typically recorded in a California deed, under standard California property ownership law, consistent with common law property principles

Why Acquiring legal title to another's land by open, notorious, hostile, continuous possession under a claim of right for 5 years while paying property taxes Is Correct

Answer B: Acquiring legal title to another's land by open, notorious, hostile, continuous possession under a claim of right for 5 years while paying property taxes

Adverse possession allows someone to acquire title to land by possessing it openly, notoriously, continuously, and hostilely for California's statutory period of 5 years while paying all property taxes. A court action is required to perfect the title.

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

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

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.

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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.

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Easement

A non-possessory right to use another person's land for a specific purpose.

Encumbrance

Any claim, lien, charge, or liability attached to real property that affects its value or limits its use.

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