with a taina or even without a taina?
General Elements of Adverse Possession
1 Occupation is open and notorious
2 Occupation is exclusive
3 Occupation is hostile
4 Occupation continues for the statutory period
5 Occupation is continuous and uninterrupted
A person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious. The person may not occupy the land secretively or make efforts to remain undetected. A landowner is not required, however, to have actual knowledge of the occupation. The land must also be occupied exclusively by the person seeking adverse possession and may not be shared with the public or the true owner.
In addition, the occupation must be hostile and adverse to the interests of the true owner. If a landowner has given a person permission to use the property, the possession is not considered hostile. However, a landowner is not required to have actual knowledge of the occupation, so long as the occupation is adverse to the owner's property interests. For example, a landowner may be unaware that his neighbor's fence extends several feet over his property line. The occupation is sufficiently hostile, however, because the landowner has not given his neighbor permission to encroach upon his property in this manner.