NCEES Principles and Practice of Surveying Practice Exam

What does the term "continuous possession" refer to in adverse rights?

1. The requirement to occupy the property exclusively

2. The need for regular maintenance of the property

3. The uninterrupted use of the property for a statutory period

4. The application of positive actions toward the property

The correct answer is: The uninterrupted use of the property for a statutory period

The term "continuous possession" in the context of adverse rights refers to the uninterrupted use of the property for a statutory period. This concept is foundational in establishing a claim of adverse possession, where a person can gain legal title to a property if they have occupied it continuously for a defined period, as dictated by state law. The key aspect is that this occupation must be ongoing and without significant interruption, demonstrating a claim to the property that the true owner does not contest. This uninterrupted use signifies to courts and the legal system that the possessor has treated the property as their own, fulfilling a crucial requirement of adverse possession. Such continuity is what ultimately strengthens the legal argument for transferring ownership from the true owner to the person occupying the land, assuming other criteria of adverse possession are met, such as open and notorious use, exclusivity, and duration.