MBE Rules · Real Property
Adverse possession — OCEAN
The rule
Title by adverse possession requires possession that is: (O)pen and notorious, (C)ontinuous for the statutory period, (E)xclusive, (A)dverse / hostile (no permission), (N)otorious. Tacking permitted if successive possessors are in privity. Disabilities (minority, insanity) toll the period.
In plain English
To gain ownership of land without buying it, you must use it like the real owner would, without hiding it, for a long time, and without the real owner's permission. Sometimes, you can add up time from different users.
Worked example
The defendant lives on a vacant lot, gardening and building a shed for 15 years, without the owner's permission. The owner never challenges this. The defendant can claim ownership because the use was open, continuous, and without permission.
Memory hook
OCEAN: Open, Continuous, Exclusive, Adverse, Notorious. Sail through adverse possession with these elements.
The trap
Students think: any use counts. Wrong, because possession must meet all OCEAN elements. The actual test is strict adherence to all five.
How examiners test it
Common setup: property owner absent, neighbor uses land for years. Trap: students forget tacking requires privity between possessors.
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