Humber/Ontario Real Estate Course 1 Exam Practice

What must be proven to claim adverse possession?

1. Ownership of adjacent property

2. Continuous, open, and notorious possession

3. Agreement with the current landowner

4. Intention to use the land for a particular purpose

5. Proof of paying property taxes

6. Documentation of land improvements

The correct answer is: Continuous, open, and notorious possession

To claim adverse possession, it is crucial to demonstrate continuous, open, and notorious possession of the property in question. This means that the claimant must occupy the land in a way that is visible and obvious, thereby giving notice to the legal owner and the public that they are using the land as if they were the rightful owner. The possession must also be continuous for a certain statutory period, which varies by jurisdiction, without interruption. This approach underscores the essential idea that mere possession of property is not sufficient; it must be unequivocal and apparent to others. This element helps distinguish a true claim of adverse possession from mere trespassing, as it establishes that the possessor treats the land as their own, functioning in a manner that typically reflects ownership. Other options touch on different aspects of property law but do not capture the fundamental requirements for adverse possession as effectively.