Which of the following is NOT an element typically required for adverse possession to run against the record owner?

• A. Actual possession
• B. Color of title
• C. Open and notorious use
• D. Exclusive possession

Answer: (B)

Adverse possession requires that a person occupy land in a way that shows ownership: the possession must be actual and physical, open and notorious (visible enough to put the true owner on notice), exclusive (not sharing possession with the owner or others as a claimant would), and continuous for the statutory period, and the possession must be hostile or adverse to the owner’s rights. Color of title—having some kind of defective deed or written claim that suggests title—is not one of the essential elements that must be proven for adverse possession to run. You can establish title through adverse possession without any color of title; color of title can sometimes help in certain contexts or shorten the time required in some jurisdictions, but it isn’t required. The other elements—actual possession, open and notorious use, and exclusive possession—are the core requirements that demonstrate the claimant’s use and intent to possess as owner.