Which concept allows a person to gain title by prolonged, open use of land, despite the owner's prior rights?

• A. Lien Effective Date
• B. Tacking
• C. Easements
• D. Adverse Possession

Answer: (D)

Adverse possession is the process by which someone can obtain legal title to land by using it openly, continuously, and without the owner's permission for a statutorily defined period. The use must be actual (occupying the land), exclusive, open and notorious (visible to others, including the owner), continuous (without long interruptions), and adverse (hostile to the owner’s rights). Over the required time, the claimant can acquire title even though the owner never consented. This differs from easements, which give a right to use land without transferring ownership. Sometimes periods of possession can be combined through tacking to meet the statutory period, but the core idea is sustained, adverse use leading to title.