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In: Civil Engineering

2g. Describe adverse possession and the conditions necessary to claim land or rights using adverse possession....

2g. Describe adverse possession and the conditions necessary to claim land or rights using adverse possession. (The text listed five conditions that must be met) (5 points)

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Expert Solution

Adverse Possession

Adverse possession is a legitimate principle that permits an individual who possesses or dwells on another person's territory for an all-inclusive timeframe to guarantee lawful title to that land. If he became successful in proving adverse possession, the claimant isn't required to pay the owner for the land.

Conditions to claim land or rights using adverse possession

This includes 5 conditions to claim land or rights using adverse possession. They are,

1. Continuous

The disseisor who claims adverse possession must hold that property continuously over the entire statutory period. And the disseisor must use it as a true owner for that time.

2. Hostile

The disseisor must use the property without permission from the true owner of the land. That is the owner should not have given any existing agreement or license such as a written easement or rent agreement to the disseisor.

3. Open and Notorious

The possession of the property by the disseisor must be obvious to anyone observing it. That is he must possess the property in a manner that is capable of being seen.

4. Actual

The disseisor must use the land like the actual owner would use, that is by maintaining it periodically and paying taxation upon it.

5. Exclusive

The disseisor who is using the property must exclude others from using it. That is the disseisor must hold the land to the exclusion of the true owner.

These are the conditions necessary to claim land or rights using adverse possession.

Hope this helped you. Thank you.

Ally Wells answered 1 year ago
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