What are the requirements for possession in Adverse Possession?

In the context of Adverse Possession, the requirement that possession must be open and public is crucial. This means that the individual claiming adverse possession must use the property in a way that is visible and apparent to others, including the true owner. The purpose of this requirement is to provide the rightful owner with the opportunity to recognize that someone else is occupying their property and to take action if they wish to contest that claim.

By making their presence known, the individual asserting adverse possession demonstrates that they are treating the property as their own. This open use is essential to establish the claim over time, as it negates any notion that the occupation is secretive, which could lead to uncertainty regarding whether the true owner should act to protect their interests.

For adverse possession to be valid, the occupation must also meet additional criteria such as being continuous and exclusive for a certain statutory period defined by state law, which helps ensure that property rights are clear and stable.