Maine Real Estate License Practice Exam

What is the term for taking title to real estate through possession?

1. Eminent Domain

2. Prescriptive Easement

3. Squatting

4. Adverse Possession

The correct answer is: Adverse Possession

The term for taking title to real estate through possession is known as Adverse Possession. This legal doctrine allows an individual to claim ownership of land under certain conditions, even if they do not hold the legal title. For someone to succeed in a claim of adverse possession, they must typically demonstrate continuous, open, and notorious possession of the property for a specified period, which varies by state. This concept is rooted in the idea that land should be used and not left idle, encouraging property owners to be vigilant about their land and enforce their rights. If an individual actively occupies a property and meets the required legal criteria, they can eventually obtain legal title to that property. In contrast, eminent domain refers to the right of the government to take private property for public use, compensating the owner. A prescriptive easement allows someone to use another person's property without permission, usually after a long period, but it does not lead to ownership of the property. Squatting refers more broadly to the act of occupying an abandoned or unoccupied space without legal permission, but without fulfilling the requirements established by adverse possession, this does not lead to transfer of title.