California Real Estate Practice Exam

All of the following are necessary for obtaining title to a property by "adverse possession," except:

1. Must occupy property hostile to recorded owner

2. Must pay taxes 5 years, before they become delinquent

3. Must possess property continuously for 5 years

4. Must possess under some evidence of color of title or claim of right

The correct answer is: Must occupy property hostile to recorded owner

The correct answer highlights that, while occupying the property in a manner that is antagonistic to the interests of the recorded owner is an essential characteristic of adverse possession, it may not always be explicitly categorized as "hostile" in a legal sense the way other conditions are defined. In the context of adverse possession, the term "hostile" refers to the occupant's use of the property without the owner's permission, which is a necessary element for adverse possession claims. However, legal standards vary, and there are circumstances where one's possession may not need to be overtly adversarial in a way that can be articulated as "hostile." The other elements that are necessary for establishing adverse possession include continuous possession for five years, the payment of property taxes consistently during that period, and having some sort of color of title or evidence of a claim of right to the property. Continuous possession demonstrates an exclusive use that the owner does not disrupt. Paying taxes further legitimizes the adverse claim, and color of title provides a basis for claiming rights to the property as if it were legally entitled to the possessor. Thus, the assertion about the need for a "hostile" occupation being strictly defined or necessary can be nuanced, allowing the correct assessment of other elements