Fundamentals of Surveying (FS) Practice Exam

Which of the following is NOT a requirement for obtaining possession by adverse possession?

1. Possession must be open and notorious

2. Possession must be hostile

3. Possession must be intermittent

4. Possession must be actual

The correct answer is: Possession must be intermittent

In the context of adverse possession, the requirement that possession must be "intermittent" is not accurate. Instead, for a claim of adverse possession to be valid, possession must generally be continuous and uninterrupted for a statutory period, which typically ranges from 5 to 20 years, depending on the jurisdiction. The other requirements—open and notorious possession, hostile possession, and actual possession—are indeed essential for a successful adverse possession claim. Open and notorious possession means that the use of the property is obvious and visible, showing to the rightful owner that someone is occupying their land. Hostile possession refers to the user's occupation being without the permission of the true owner. Actual possession indicates that the claimant must physically occupy the land, demonstrating a tangible presence. Each of these requirements serves to protect property rights while allowing for the possibility of adverse possession claims under certain circumstances. The necessity for possession to be continuous contrasts with intermittent occupation, which does not establish the sustained presence needed to support a claim of adverse possession.