The Solomans own a cabin on the south side of Mount Henry.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, exclusive, open, continuous, and uninterrupted for the statutory period of time. In this case, Bennie and Claudia had the Solomans' permission to use the cabin, so their possession was not hostile. Therefore, their possession was not adverse to the Solomans, and they cannot claim adverse possession. The fact that they had been using the cabin for 12 years is irrelevant. Additionally, the requirement of a warranty deed is not relevant to adverse possession.

The Solomans Own a Cabin on the South Side of Mount