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Property Ownership & Land UseNational portion

Adverse PossessionReal estate exam study notes

Adverse possession lets a trespasser ripen use into TITLE when possession is open and notorious (visible), hostile (without permission), actual, exclusive, and continuous for the statutory period — remember 'OHACE'.

6 key facts 5 practice questions Reviewed Oct 2026
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Key ideas

  • Adverse possession lets a trespasser ripen use into TITLE when possession is open and notorious (visible), hostile (without permission), actual, exclusive, and continuous for the statutory period — remember 'OHACE'.
  • Tacking lets successive adverse possessors add their periods together.
  • Permission defeats the claim instantly: a licensee can never adversely possess.
  • Compare the easement by prescription: same elements, but the squatter gains only a USE right, not title, and exclusivity is not required.
  • Government land generally cannot be adversely possessed.
  • To perfect the claim, the possessor usually files a quiet-title action.

Before you read

Test yourself first: 5 questions

Question 1 of 5

A neighbor has openly parked on the corner of an adjacent vacant lot for 22 years without permission. The statutory period is 10 years. The neighbor most likely has acquired:

What you need to know

Tacking lets successive adverse possessors add their periods together. Permission defeats the claim instantly: a licensee can never adversely possess. Compare the easement by prescription: same elements, but the squatter gains only a USE right, not title, and exclusivity is not required. Government land generally cannot be adversely possessed. To perfect the claim, the possessor usually files a quiet-title action.

Adverse Possession: FAQs

Is Adverse Possession on the real estate exam?

Yes. Property Ownership & Land Use is a scored domain on the real estate licensing exam, and this topic appears in the national portion.

Is this cheat sheet free?

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