What is the basis for an adverse possession claim of ownership?

An adverse possession claim of ownership is based on the principle that a person can claim ownership of a property if they possess it in a manner that meets specific legal criteria over a certain period of time. Having a written instrument held by the individual in possession serves as evidence of their intent to possess and use the property as their own. This reinforces the idea of exclusivity and continuity in possession, which are essential elements in establishing an adverse possession claim.

In many jurisdictions, simply occupying the property is not enough without demonstrating that the possession was open, notorious, exclusive, adverse (without permission of the true owner), and continuous for a period defined by law. A written instrument can strengthen the claim by providing tangible proof of the individual's intention to possess the property, thus supporting their adverse claim.

Other options, such as agreements—whether written or verbal—with the owner or neighbors do not fulfill the requirements for establishing adverse possession. The concept of adverse possession specifically negates permission; hence, the existence of an agreement would undermine the claim. Likewise, a deed recorded without objections does not inherently establish a basis for adverse possession, as it implies rightful ownership rather than adverse possession.