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 ?
Applying for Adverse Possession Under the old regime, in the event that the occupier can satisfy these two requirements, they are able to apply for registration as the owner by adverse possession.
For some squatters, adverse possession is a goal, but it's not necessarily the goal.
(2) However, Epstein subsequently accepts adverse possession because, in a world of transaction costs, "the costs of making that determination [as to the original owner] continue to mount over time." (3) Thus, Epstein's cost-based framework provides both an argument against alternatives to first possession (based on the costs of settling disputes over substantial use) and a counterargument in favor of adverse possession because of the eventual infeasibility of establishing the original appropriator.
(42) One notes the similarity of this case to Bransfield one century prior, although in Genge neither side's claim rested on a grant to the foreshore itself, but, rather, both parties relied on adverse possession. Nor does Genge turn on a statutory reservation of the seashore; it was decided in 1989, two years prior to the Lands Act amendments which encompass the seashore in the statutory reservation.
The Downing court reasoned that the modern trend is to treat the acquisition of prescriptive rights as being rights acquired by methods substantially similar to those by which title is acquired by adverse possession. The court further noted that in either prescription or adverse possession, the right is acquired only by actual, continuous, uninterrupted use by the claimant of the lands of another, for a prescribed period.
I support neither the Bundys nor adverse possession, but the concept remains alive and well today.
Part I outlines the predominant efficiency justifications for adverse possession and critiques of these justifications.
After a protocol was signed on 6th September, 2011, the issues relating to demarcation of un-demarcated boundary; the territories in adverse possession; and exchange of enclaves were identified and resolved, which forms an integral part of the Land Boundary Agreement between India and Bangladesh, 1974.
After reading a recent item in your column I'm wondering if they will eventually be able to claim adverse possession of this land?
Aaron Sadler: Looks like an adverse possession target.
This Article reveals how the process of trademkrk acquisition resembles, in startling ways, acquiring title to real property through adverse possession. Both the trademark and adverse possession regimes base acquisition on the productive use of the property in question.
New legislation was passed in Colorado to revise the Adverse Possession Statute to protect landowners against bad faith claims for adverse possession.