Some states allow an adverse possessor with color of title
to claim constructive possession of the entire parcel referred to in the title, even if actual possession only took place on a small portion.
For example, the adverse possessor who operates under color of title or puts a fence around the property provides information about how she values the property and indicates that she has gone to some length in signaling that interest to the record owner and other competitors for the property.
C describes how trademark registration acts like color of title or fencing the property incentivizing activity that enhances notice to the public without stripping the productive use requirement.
93) Thus, like possessing property under color of title, those rights conferred through trademark registration are contingent on actual use.
In both regimes, productive use defines the scope of the right, but plus factors like color of title or fencing in the adverse possession context, or registration in the trademark context can alleviate some of the demands of productive use.
Meantime, said Paul McGuire, a spokesman, the bureau is encouraging landowners to use the 87-year-old Color of Title Act to secure the property.
Around that time, Henderson applied to get the 95 acres back under the Color of Title Act, which Congress enacted to help those who bought public land from unscrupulous sellers passing it off as private.