The correct answer is B, Adverse possession. Massachusetts generally requires 20 years of qualifying adverse possession. The claimant must establish possession that is actual, open and notorious, exclusive, adverse or hostile to the true owner ' s rights, and continuous for the statutory period.
The doctrine exists because an owner who allows another person to occupy and treat land as their own openly and continuously for the required period can eventually lose the right to recover possession. Mere occasional trespassing is insufficient. Likewise, use made with the owner ' s permission is generally not hostile and therefore will not mature into adverse possession.
Massachusetts also has important exceptions. Most notably, registered land cannot be acquired by adverse possession under M.G.L. c.185 §53, and certain Commonwealth or protected public lands are also immune.
Thus, if the farmer ' s conduct satisfies every required element for the full 20 years and the land is legally susceptible to adverse possession, a court can recognize title in the farmer.
Study Guide Reference: Property Ownership — Adverse Possession; M.G.L. c.260 §21.
