The worst F***ing subject on the Bar :)
NOTE: This is a test card but it is also a correct answer from my perspective.
Title to land may be acquired without consent of the landowner by adverse possession if the following elements cane be established by the party seeking to claim title. (EAO uses HELUVA): Hostile (on land w/ no right to be there), Exclusive (excluding others), Lasting (or statutory period - 10 yrs in AZ, 20 at CL), Uninterrupted (kind of continued use the owner would make), Visible (used in a way to put others on notice) & Actual (by the claimant or proxy).
Adverse possessor acquires title only to the land actively possessed.
E.g., if the AP only uses 1-2 acres, that is what the AP would get.
Unless there is Constructive Adverse Possession.
AP acquires title to both the surface and sub-surface unless the sub-surface rights were transferred prior to the entry by the AP.
Note: this is based on the state of title at the time the AP takes possession.
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