What is generally required for “adverse possession” to be granted?

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For "adverse possession" to be granted, one of the fundamental requirements is that the claimant must demonstrate permanent and exclusive possession of the property. This means that the person claiming adverse possession must have established their occupancy of the property in a manner that is continuous, non-permissive, and open for a statutory period, which varies by jurisdiction.

Permanent possession indicates that the claimant uses the land as if they are the true owner, without interruption from the actual owner. Exclusive possession means that the claimant is the only person using the property, which further reinforces their claim against the original owner and others. If the true owner has granted permission for the use of the land, the adverse possession claim could be negated, as the use would not be considered adverse or hostile.

In contrast, public ownership of the land, military authorization, or written permission from previous owners would not fulfill the requirement for claiming adverse possession. Public ownership would imply that the land is held by the government, while military authorization and written permission explicitly indicate lawful permission that undermines the adverse nature of the claim. As a result, none of these alternatives contribute to establishing an adverse possession claim.

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