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Title acquired through adverse possession must be open, notorious, continuous, hostile, and:

A)not required through the legal process in the court system.
B)adverse to the true owner's possession.
C)obtained only after notifying the true owner.
D)compatible with the true owner's possession.

1 Answer

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Final answer:

Title through adverse possession must be adverse to the true owner's possession. Adverse possession requires use of the property in conflict with the true owner's rights. Spot zoning is restricted and cannot be based on discriminatory practices.

Step-by-step explanation:

The question asks about the requirements for acquiring title to property through adverse possession. Adverse possession occurs when a person occupies another's property under certain conditions over time, eventually gaining legal ownership. For title acquired through adverse possession to be valid, the possession must be open, notorious, continuous, hostile, and adverse to the true owner's possession.

Therefore, the correct answer to the student's question is B) adverse to the true owner's possession. This means the person claiming adverse possession must use the property in a way that is clearly in conflict with the rights of the true owner, without permission, and this must be obvious to anyone—including the true owner—for a continuous period defined by law.

Moreover, legal principles prohibit spot zoning that serves the private interests of a property owner if there isn't a reasonable basis to distinguish the parcel from surrounding parcels. Additionally, classifications based on race or religion are generally not permitted and can only be upheld in exceptional circumstances where the state demonstrates an overwhelming public interest that cannot be addressed in any other way.

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