adverse possession


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Related to adverse possession: prescriptive easement

Adverse Possession

In law, the process by which one lays claim and takes title to a piece of real estate without paying for it, by holding it for a specified period of time. For example, a person living on a property without its owner's knowledge or consent for a certain number of years may become the owner of that property through adverse possession. This concept effectively puts a limit on the number of years after an action in which one can undertake litigation claiming a property.

There are a number of requirements before one can claim adverse possession on real estate. For example, one must openly possess the real estate and make no attempt to hide it. One shows this by living there in good faith, paying property taxes and/or making improvements on the land. See also: Abandonment, Clear Title.

adverse possession

Sometimes called squatter's rights;method of acquiring title to real estate when the true owner has neglected to assert his or her own rights for a specified period of time.

Commonly arises in the context of boundary line disputes.The next most common occurrence is
when there is some technical defect in the title which can't be cured with a corrective deed
because the person who must sign has disappeared, is dead, or refuses to sign. If one actually
occupies property without permission, in an open and notorious manner, that is exclusive and
hostile,and the true owner takes no action to dispossess the claimant,then the actual owner will
be forever barred from asserting any rights to the property. The requirement of hostility does
not mean there must be animosity between the parties, but simply that the adverse possessor
claims ownership of the property, and therefore is legally hostile to any other claimants. The
lack of permission refers to the absence of a lease or other such agreement granting possession
but not necessarily title.The required time period, called the holding period, may vary from 10 to
20 years.

By law,one cannot adversely possess against the government.

Example:  Seth and Rose are next-door neighbors and the best of friends. Seth erects a fence
on what he believes to be their boundary line. For the next 10 years (or 20, depending on the
jurisdiction) he mows the lawn up to the fence. Rose believes the fence marks the boundary
between their two properties, but she is mistaken. Rose then sells her property to Greg, who
orders a survey. The survey reveals that 20 feet of Emma's land is on Seth's side of the fence. In
a lawsuit over the property line, Seth will usually claim that Greg's surveyor is mistaken and
will also claim that even if the survey is correct, Seth has gained title to the 20 feet by virtue of
adverse possession. It was Emma's responsibility to know the true location of her property lines.
If she did not assert her rights during the 10- or 20-year time period, she, and all others coming
after her, lose those rights.

References in periodicals archive ?
27s Thus, the effort it takes to secure rights in the descriptive mark over time is itself information forcing in the same way that adverse possession is information forcing.
ADVERSE POSSESSION AND NOTED TENSIONS WITH EFFICIENCY
Such use is generally not necessary to acquire rights in real property, with at least one important exception: adverse possession is also a regime with a productive use requirement.
After considerable refurbishment of the property, Mr Bench wanted to explore the possibility of an adverse possession of the gardens.
In the past, I've been concerned about potential adverse possession on a piece of property that I owned.
Adverse possession is the law's way of barring stale claims to land and recognising lengthy possession as giving a kind of title to land.
The amendments to law 89 for the year 1998 suggest that state-owned land that was taken by adverse possession and was reclaimed or built on through direct order would be legalized by a special committee comprising members from the state council, Ministry of Finance and Central Auditing Agency.
Day: Adverse possession claim for the east 60 feet of lots 6 and 7, Block 33, north of Sixth Avenue in Junction City.
In her argument for granting citizenship to illegal immigrants based on the length of their stay in the receiving country, Shachar evokes the adverse possession principle, which limits the right of a property owner to exclude those who use their property for a sufficient period of time if the owner has not taken action to prevent them from doing so.
Inter alia, the court is expected to address whether there was a temple at the disputed site before 1538, whether the suit filed by the Babri committee in 1961 is barred by limitation and whether Muslims perfected their title through adverse possession.
Much of the moral analysis of adverse possession has proceeded on the basis that adverse possessors are land thieves.
Landmark Legislation, House Bill 1479, Stands to Abolish Repugnant Law of Adverse Possession