adverse possession

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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 ?
The Occupy Cardiff group, have claimed squatters' rights and vowed to stay in the old Inland Revenue building on the city's Westgate Street "indefinitely".
People have become wise to squatters' rights and it's becoming a big issue.
There should be no such thing as squatters' rights.
There is one landlord who tried to get a family involved in drug-dealing evicted but the courts refused, saying they had squatters' rights.
Adverse possession - or squatters' rights - is still a possibility although the law has changed in recent years and the Land Registry now needs to notify you before squatters gain rights.
A COUNCIL has been blasted for referring homeless people to a squatters' rights group, advising them how to break into and take over empty homes.
They have claimed they have established squatters' rights by camping inside the pipes being laid and that it would take a court possession order to remove them.
The gangs then change the locks and move in 'tenants' who claim squatters' rights.
The 21-year-old came to the capital when he was told that squatters' rights are so strong it is "almost impossible" to force you out.
In a groundbreaking ruling the High Court appeal judges determined there is no constitutional principle or rule of law to prevent the Crown claiming squatters' rights, where its original entry on to the land was not lawful.
Fans of "The Pirates" - who run out to AC/DC's Hell's Bells before home games - have a long tradition of backing street demos on topics as diverse as squatters' rights and sexist depictions of women in magazines.
Activists have occupied the pipeline and say they have claimed squatters' rights.