What is meant by the term "adverse possession" in real estate?

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The term "adverse possession" refers to a legal doctrine that allows an individual to claim ownership of land under specific conditions, particularly through continuous and uninterrupted possession of that property for a predetermined period, typically set by state law. To successfully claim adverse possession, the individual must demonstrate that their possession is hostile, actual, open, continuous, and exclusive, meaning they treat the land as their own and that this possession has not been consented to by the true owner.

The concept emphasizes the importance of possession and the idea that land should not be left unused; otherwise, someone else may rightfully claim it after the required duration of possession, which serves to resolve disputes over ownership and encourages the productive use of land. In contrast to the other options, adverse possession does not involve forcing the sale of property, declaring it abandoned, or sharing it with a tenant. These alternatives do not accurately represent the principle of acquiring property rights through continuous and demonstrable ownership and are unrelated to the legal framework surrounding adverse possession.

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