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Pass California

Ownership and Land Use, 15% of the examination

Adverse possession

Acquiring title by open, notorious, hostile, continuous possession under a claim of right for five years, while paying the property taxes.

The tax payment requirement is what makes successful claims rare in California, and it is the element most often omitted from an answer choice. A prescriptive easement requires the same five years of use but no tax payment, and it produces a right to use rather than title.

See also

EasementA non-possessory right to use another's land for a specified purpose.

See it in a question

One question from Ownership and Land Use, so the term lands in the context the exam uses it in.

Ownership and Land Use ยท 15%Types of Ownership

Two unmarried people buy a house as joint tenants. One dies leaving a will giving her entire estate to her brother. What happens to her interest?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanour under B&P Code section 123.

Where this is tested

Property Ownership and Land Use Controls and RegulationsWhat can be owned, how it is held, what limits it, and who does the limiting. Water rights and environmental hazards carry more weight in California than almost anywhere else.15%Practise Ownership and Land Use30 questions on this area, every option explained.Practice

Other terms in this area