Final answer:
To legally take possession via adverse possession, the adverse possessor must meet certain conditions such as continuous, open, exclusive, actual, and hostile possession of the property for a period stipulated by state law, without permission from the legal owner.
Step-by-step explanation:
Requirements for Adverse Possession
For an adverse possessor to legally take possession of a property through adverse possession, certain conditions must be met. These generally include continuous possession, open and notorious use, exclusive possession, actual possession, and hostile possession. The possessor must use the property as the true owner would for a period of time defined by state law, typically ranging from 5 to 20 years. During this time, the possession must not be shared with the true owner or others. Furthermore, the adverse possessor must not have permission from the owner to use the property; their occupation of the land must be without the legal right to do so and in a manner that is obvious to anyone, including the owner.
These conditions are established by law to ensure that the adverse possessor has demonstrated a level of commitment to the property that may justify the transfer of ownership. The public policy behind adverse possession is to encourage the productive use of land and to settle property disputes by cutting off stale claims. Additionally, if the legal owner does not take action to eject the adverse possessor within the statutory period, it may be presumed that the owner has abandoned the property rights.