What legal process allows title to land to be transferred due to open possession for a statutory time period?

Study for the ASU REA380 Real Estate Fundamentals Exam. Use flashcards, multiple choice questions, and get hints and explanations for each question. Prepare thoroughly for your exam!

The correct answer is related to the legal concept of adverse possession, which allows individuals to gain legal title to land if they possess it openly and continuously for a specified statutory period, typically without the permission of the original owner.

Adverse possession serves to encourage the productive use of land and ensures that land is not left idle. This doctrine requires several conditions to be met: the possession must be actual (the individual must physically use the land), open and notorious (the use must be visible and obvious to others), exclusive (the possessor cannot share control over the property), continuous (the use must be uninterrupted for the statutory period), and hostile (the possessor does not have permission from the true owner).

In contrast, the other possibilities do not involve transferring title through open possession. Merger refers to the combination of two estates into one and does not apply to possession scenarios. A terminated easement involves the end of a legal right to use someone else's property but does not affect ownership transfer based on possession. Abandonment pertains more to the relinquishment of property rights or interests rather than acquiring title through possession. Thus, adverse possession is the distinct legal mechanism that allows for such a transfer of title based on the criteria outlined.

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