Florida Broker Practice Exam

What is a requirement for alienation by adverse possession?

1. Open possession without concealment

2. Lease agreement in place

3. Property appraisal completed

4. Agreement from the owner

The correct answer is: Open possession without concealment

Open possession without concealment is a fundamental requirement for alienation by adverse possession. Adverse possession allows an individual to claim ownership of land under certain conditions, one of which is the requirement that the possession of the land must be open and notorious. This means that the possession must be visible and apparent, so that the actual owner is given sufficient opportunity to take action if they choose to contest the claim. The idea behind this requirement is to provide notice to the true owner that someone is asserting rights over the property. If the possession is secretive or concealed, the true owner may not have the chance to reclaim their property, which undermines the legal principle of property rights. Therefore, demonstrating open possession is crucial to establishing a claim of adverse possession. Other options such as a lease agreement, property appraisal, or agreement from the owner are not relevant to the legal concept of adverse possession. In fact, having an agreement from the owner would negate the need for adverse possession, as it implies that the owner has granted permission for the use of the property.