Which condition is NOT required for Adverse Possession?

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In the context of adverse possession, the correct answer highlights an essential aspect of property law: governmental control over the property is not a requirement for an individual to claim ownership through adverse possession.

Adverse possession is primarily based on certain conditions that allow a private person to claim ownership of land if they have been in possession of it for a specified period, typically defined by state law. Among these conditions, possession must be open and notorious, which means it cannot be secretive; it must be visible so that the true owner is aware of the possession. Additionally, possession must be uninterrupted, indicating that the individual claiming adverse possession has maintained continual control over the property.

Possession must also be hostile, meaning that it is without the permission of the true owner and contrary to their interests. These aspects of being open, notorious, uninterrupted, and hostile are critical for a claim of adverse possession to be valid. However, the requirement for the possession to be controlled by the government does not align with the principles of adverse possession, which is focused on personal occupancy and control rather than governmental oversight. Thus, the answer accurately identifies a condition that is not necessary for a claim of adverse possession.

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