Ace the Hawaii Pre-Licensing Exam 2026 – Surf Your Way to Real Estate Success!

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What is adverse possession?

A legal procedure for transferring property ownership.

A law that allows temporary use of another's property without permission.

A legal doctrine that allows a person to claim ownership of land under certain conditions, without the actual title.

Adverse possession is a legal doctrine that allows an individual to claim ownership of land under specific circumstances, even if they do not have the legal title to that property. This typically requires that the possession of the property be open, notorious, continuous, exclusive, and adverse to the interests of the true owner for a certain period, which varies by jurisdiction. In essence, if someone occupies a property and meets these criteria, they may eventually gain legal ownership of it, despite the absence of formal title.

This concept is based on the idea that property should be put to productive use and that the rights of the original owner can be forfeited if they do not take action against the unauthorized use of their property within a reasonable time frame. The doctrine also serves to provide a clear title to properties that may have unclear ownership or where the original owner has abandoned their claim.

The other choices describe different legal concepts that do not accurately represent adverse possession, which is specifically about claiming ownership of land through certain conditions rather than transferring ownership, temporary use, or leasing agreements.

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A type of lease agreement that grants limited property access.

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