Can government-owned land be adversely possessed?

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Prepare for the Themis MBE Real Property Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your test!

Multiple Choice

Can government-owned land be adversely possessed?

Explanation:
Adverse possession requires someone to openly, continuously, and exclusively possess land owned by another in a hostile way for the statutory period. Government land is generally immune from this process—so a private person cannot acquire title to property owned by the government through prescription. In other words, the government cannot be adversely possessed. If the government wants to transfer such land, it must do so through an express disposition like a sale or grant, or a statutory exception would have to apply.

Adverse possession requires someone to openly, continuously, and exclusively possess land owned by another in a hostile way for the statutory period. Government land is generally immune from this process—so a private person cannot acquire title to property owned by the government through prescription. In other words, the government cannot be adversely possessed. If the government wants to transfer such land, it must do so through an express disposition like a sale or grant, or a statutory exception would have to apply.

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