Under MBE, is good faith belief of ownership required for adverse possession?

• A. Yes, always
• B. No, not required
• C. Only in tenancy by entirety
• D. Only if there is a mortgage

Answer: (C)

Adverse possession hinges on possession that is actual, open and notorious, exclusive, continuous, and hostile for the statutory period. In most cases, whether the possessor believes they own the property (good faith) isn’t the deciding factor—the law cares about the conduct and the status of possession itself.

The twist comes when the property is held in tenancy by the entirety—the form of ownership used by married couples with a right of survivorship. Because the owners hold the property as a unit, a unilateral claim of ownership by one spouse against the other cannot be treated as a straightforward adverse possession against an owner. In this specific context, the claimant must show not just adverse possession in form, but a good-faith belief of ownership (often evidenced by color of title) in order to overcome the joint, unitary nature of tenancy by the entirety. If that belief isn’t present, the possession generally cannot ripen into title against the other spouse.

So, good faith belief of ownership is not required in general, but it is required specifically for adverse possession against property held as tenancy by entirety.