What are the three main elements required to establish adverse possession?

To establish adverse possession, the requirements are continuous possession, exclusive possession, and open and notorious possession for a statutory period. This legal doctrine allows a person to claim ownership of land under certain conditions, which are crafted to ensure fairness and to encourage the productive use of land.

Continuous possession means that the claimant must possess the property without interruption for the entire statutory period, thereby demonstrating a consistent and ongoing use of the land. Exclusive possession signifies that the claimant is using the property as if they are the sole owner, not sharing it with the actual owner or the public. Open and notorious possession means that the use of the property must be visible and obvious to anyone, including the true owner, thereby putting them on notice of the adverse claim.

This combination of elements protects the rights of current property owners by requiring them to be aware of and act against any encroachments on their property within a specific timeframe. Failure to do so may allow the adverse possessor to inherit rights to the property due to the lack of action from the original owner, fostering an environment where land is actively used and maintained.