California Real Estate Broker ExaminationTransfer of PropertyMedium
A property owner, Mr. Henderson, has been openly and continuously occupying an undeveloped parcel of land adjacent to his primary residence for 15 years. During this time, he has paid the property taxes on the parcel, erected a fence, and cultivated a garden, all without the owner's permission. Which of the following legal concepts best describes Mr. Henderson's potential claim to the property?
- AEscheat
- BAdverse possession
- CLicense to occupy
- DEasement by prescription
Show answer & explanationAnswer & explanation
Correct answer: B. Adverse possession
Mr. Henderson's actions meet the criteria for adverse possession: open and notorious, continuous, hostile, exclusive, and payment of taxes for the statutory period (5 years in California). These actions demonstrate an intent to claim ownership, not merely a right to use.
Why the other options are wrong
- A. Escheat is the process by which property reverts to the state when an owner dies without heirs and without a will.
- C. A license grants temporary, revocable permission to use land and does not lead to ownership or require tax payments.
- D. An easement by prescription grants a right to use another's land, not ownership, and typically doesn't involve paying taxes or exclusive possession.
Adverse Possession
A legal doctrine allowing a person to claim ownership of land by occupying it openly, continuously, hostilely, and exclusively for a statutory period, often requiring payment of property taxes.
- Requires specific statutory period (5 years in California)
- Must be open, notorious, hostile, continuous, and exclusive
- Payment of property taxes is generally required
Memory trick: Adverse possessors 'CLAIM' land, 'HOSTILE'ly.