Which concept typically results in title transfer after someone has openly possessed land for a statutory period?

• A. Easements
• B. Tacking
• C. Non-Monetary Encumbrances
• D. Adverse Possession

Answer: (A)

Adverse possession is the process by which someone who openly occupies someone else’s land for a legally prescribed period can obtain legal title to that land. The possession must be actual and use the land like a typical owner would; it must be open and notorious so the true owner is on notice; it must be exclusive, not shared with the owner; it must be continuous for the full statutory period; and it must be hostile or adverse, meaning without the owner’s permission. When all these elements are met for the required time, title can transfer to the possessor by operation of law. Easements are rights to use land without owning it and do not transfer title. Tacking is a method used within adverse possession to combine multiple periods of possession to meet the time requirement. Non-monetary encumbrances describe encumbrances other than monetary ones, such as easements or covenants, and do not themselves transfer ownership.