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Real estate glossaryNational exam concept

Adverse possession

Adverse possession is a method of acquiring title through possession that satisfies every statutory element for the required period, commonly including possession that is actual, open, notorious, exclusive, continuous, and hostile to the true owner's rights.

Exam area: Property Ownership

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What does “adverse possession” mean in real estate?

Adverse possession is a method of acquiring title through possession that satisfies every statutory element for the required period, commonly including possession that is actual, open, notorious, exclusive, continuous, and hostile to the true owner's rights.

How is “adverse possession” different from the closest wrong answer?

Adverse possession claims ownership. A prescriptive easement seeks a use right rather than title to the possessed land.

What is the Georgia-specific rule?

Georgia statutes control the required period and the effect of written evidence of title. A short exam stem must supply facts supporting every required element.

Worked exam example

Scenario

A person openly occupies and treats a defined strip as the person's own for the full statutory period without permission and satisfies all other legal elements.

What is the most common exam trap?

Trap correction

Long use with the owner's permission is not hostile possession, and one missing element defeats the claim.

Original exam check

Apply the definition

Without permission, Tom openly fences and uses a strip of his neighbor's land continuously and exclusively as his own. He has no deed or other written claim to it. How long must this continue for Tom to claim title in Georgia?

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Continue with Property Ownership complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.