PSI Oklahoma Real Estate Practice Test

To gain land through adverse possession, the use must be?

1. Continuous and temporary

2. Open, hostile, notorious, and continuous

3. Explicitly stated in a legal document

4. Done with consent of the original owner

The correct answer is: Open, hostile, notorious, and continuous

To gain land through adverse possession, the use must be open, hostile, notorious, and continuous. This legal doctrine allows a person to claim ownership of land under certain conditions, which are specifically designed to protect landowners from losing their property rights due to a third party's unauthorized use. The requirement for the use to be open means that the possession must be visible and apparent; the original owner should be able to notice that someone is using their land. Hostile possession indicates that the use is without permission from the owner. Notorious means that the use of the property is well-known and obvious, removing any ambiguity about who is in possession of the land. Lastly, continuous use refers to the necessity of uninterrupted possession for a statutory period, which varies by jurisdiction. This aligns with the principle that real property should be actively utilized rather than neglected. The other options do not meet the legal standards required for adverse possession. For instance, temporary use does not fulfill the continuous requirement. An explicit statement in a legal document is not necessary for adverse possession to be acknowledged. Similarly, gaining possession with the consent of the original owner would negate the 'hostile' condition required for this claim.