Which option best describes the typical requirement for adverse possession?

• A. Possession that is actual but not open and notorious
• B. Possession that is actual, open and notorious, exclusive, continuous, and adverse for a statutorily defined period
• C. Possession that is peaceful and undisputed
• D. Possession that is temporary but with permission

Answer: (B)

Adverse possession rests on a claim that you openly treat someone else’s land as your own for a long enough time under specific conditions. The typical requirement is a bundle of five elements: actual possession (you physically use the land as an owner would), open and notorious use (your possession is visible so the true owner could be put on notice), exclusivity (you don’t share control of the land with the owner), continuous possession (no significant breaks for the entire statutory period), and adverse or hostile possession (your use is without the owner’s permission and inconsistent with the owner’s rights). The period for which these conditions must be met is set by statute and varies by jurisdiction. This is why the option that includes all five elements and the statutorily defined period best describes the typical requirement. The other descriptions fall short because they omit one or more essential elements: possession must be open and notorious to provide notice; permission or peaceful use undermines hostility; temporary use or not asserting ownership does not meet the adverse and continuous criteria.