medium · National Real Estate Exam
A claimant has openly and exclusively lived on a parcel for 15 years. However, for 3 of those years, the record owner also lived in the house as a roommate.
Why would the adverse possession claim likely fail?
- The possession was not exclusive.
- The statutory period is automatically doubled if the owner is in residence.
- The use was not hostile.
- The use was not notorious while the owner was present.
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