The Solomans own a cabin on the south side of Mount Henry.One day,the Solomans told Bennie and Claudia they could live in the cabin and use it as they wished until the Solomans wanted to use it again.Twelve years later,the Solomans informed Bennie and Claudia that they were going to spend the summer at the cabin and that Bennie and Claudia would have to make other arrangements for the summer.Bennie and Claudia claimed that they had acquired title by adverse possession,because they had occupied the property for the period of time required for adverse possession under state law (10 years in that state).Are Bennie and Claudia correct?

Question

Quizplus · Accepted Answer

Adverse possession requires that the possession be hostile, actual, open, notorious, exclusive, and continuous for the statutory period. Here, Bennie and Claudia had the Solomans' permission to use the cabin, so their possession was not hostile or adverse to the Solomans. Without hostility, the other elements of adverse possession cannot be met. Therefore, Bennie and Claudia do not have a valid claim to title by adverse possession.

The Solomans Own a Cabin on the South Side of Mount