California Bar Exam Practice Test 2025 – Comprehensive Prep

The statute of limitations for adverse possession is a legal timeframe within which a person must assert their claim to gain legal title to a property occupied and used by them without the permission of the original owner. One factor that does not affect this statute is the transfer of ownership.

When it comes to adverse possession, the focus is on the possession itself—specifically, how the property is used and occupied. The key elements of adverse possession require the occupation to be actual, open, notorious, hostile, and continuous for a specific period, typically years, depending on jurisdiction.

The transfer of ownership would not impact the adverse possession claim because the requirements of adverse possession hinge solely on the possessor's actions rather than the changing hands of the property title. In essence, even if the original owner transfers their title to another party while the adverse possessor's claim is running, the adverse possessor's right to continue fulfilling the elements of adverse possession remains intact. The possession would not start over merely because the ownership has changed; what matters is the continuity and nature of the use and possession by the adverse claimant.

In contrast, the nature of the possession, the actions of the original owner, and the type of property involved can all play significant roles in determining whether