Maine Real Estate License Practice Exam

A claim of ownership can arise from which of the following conditions?

1. Prescriptive Easement

2. The Doctrine of Caveat Emptor

3. Adverse Possession

4. License

The correct answer is: Adverse Possession

The concept of adverse possession allows an individual to claim ownership of land under specific conditions, ultimately leading to legal title despite not holding a formal deed. This process typically requires that the use of the land be open, continuous, exclusive, and notorious for a statutory period, showing that the possessor treats the land as their own and that the true owner has not exercised their rights. In contrast, a prescriptive easement grants the right to use another person's property but does not grant ownership of it, as it merely allows for specific uses rather than full ownership. The doctrine of caveat emptor, meaning "let the buyer beware," pertains to the responsibility of buyers to investigate properties before purchase, rather than establishing claims of ownership. A license is a permission to do something on another's property and can be revoked, so it does not create any ownership rights either. Thus, adverse possession uniquely provides a path to legitimate ownership through continued and exclusive possession.