What is required for actual and exclusive possession in the context of adverse possession?

In the context of adverse possession, actual and exclusive possession is crucial because it establishes the possessor's claim to the property in question. When a party occupies land without the permission of the true owner and demonstrates actual possession—meaning they are physically present and using the property—this is often deemed sufficient for a claim of adverse possession. This possession must be exclusive, indicating that the possessor is not sharing the property with the true owner or anyone else who has a claim to the property.

Claiming ownership is significant because it asserts the possessor's intent to treat the property as their own, thus challenging the rights of the true owner. This aspect is integral to adverse possession, as it transforms the manner in which property rights are established and recognized by law. In many jurisdictions, the act of possessing land signifies the possessor's intention to claim it, which plays a fundamental role in acquiring ownership rights through adverse possession after meeting all statutory requirements.

While continuous possession over a statutory period is also an essential criterion for adverse possession, the inclusion of a claim of ownership is what firmly establishes the basis for the claim and marks the difference between adverse possession and mere trespass. Therefore, the requirement for actual and exclusive possession is satisfied by demonstrating a legitimate claim to ownership