Idaho Real Estate Practice Exam

What does an adverse possession claim require in terms of use of the property?

1. Use must be secretive

2. Use must be continuous

3. Use must be authorized

4. Use must be limited

The correct answer is: Use must be continuous

An adverse possession claim requires that the use of the property is continuous. This means that the possessor must use the property in a manner that demonstrates an ongoing, uninterrupted presence over a specified period, which varies by jurisdiction. Continuous use reinforces the assertion that the possessor has taken control of the property and acts similarly to an owner, as opposed to sporadic or temporary use, which would not support a valid claim. The rationale behind this requirement is to provide a degree of stability and certainty in property ownership. If someone occupies and utilizes property consistently over time, it signals to the original owner that there may be a claim being made, warranting action if they wish to contest it. Continuous use is therefore a critical factor in establishing the necessary legal grounds for claiming adverse possession. In contrast, other options such as secretive use or limited use do not align with the intent of adverse possession, which requires clear and overt possession to notify the rightful owner of the claim. Additionally, authorized use contradicts the very essence of adverse possession, as it implies permission from the rightful owner, which cannot form the basis of such a claim.