NCEES Principles and Practice of Surveying Practice Exam

Which of the following is NOT one of the elements of adverse rights?

1. Open Possession

2. Written agreement

3. Exclusive Possession

4. Hostile Possession

The correct answer is: Written agreement

In the context of adverse rights, the primary elements that define such rights typically include open possession, exclusive possession, and hostile possession. Each of these elements serves to establish that the occupying party has a claim to the property against the true owner. Open possession refers to the requirement that the use of the area is visible and not secretive, allowing others, including the true owner, to be informed of the claim. Exclusive possession indicates that the possessor has the right to use the property to the exclusion of all others, including the rightful owner. Hostile possession means that the possession is against the interests of the true owner, implying that the possessor does not have permission to use the property. Written agreements, although they can serve as documentation of ownership or possession, are not a necessary element of adverse possession. Adverse rights can be established through actions and behavior rather than formalized written contracts. Thus, a written agreement is the element that does not belong among the identified elements of adverse rights.