adverse possession


adverse possession
A method of acquisition of title to real property by possession for a statutory period under certain conditions. Lowery v. Garfield County, 122 Mont. 571, 208 P.2d 478, 486.
It has been described as the statutory method of acquiring title to land by limitation. Field v. Sosby, Tex.Civ.App., 226 S.W.2d 484, 486.
Because of the statute of limitations on the bringing of actions for the recovery of land, title can be acquired to real property by adverse possession. In order to establish title in this manner, there must be proof of nonpermissive use which is actual, open, notorious, exclusive and adverse for the statutorily prescribed period. Ryan v. Stavros, 348 Mass. 251, 203 N.E.2d 85.
State statutes differ with respect to the required length of possession from an upper limit of 20 years to a lower one of 5 years, with even more extreme time periods covering certain special cases. There may be different periods of time even within a single state, depending on whether or not the adverse possessor has color of title and/or whether or not taxes have been paid. In some cases a longer possession is required against public entities than against individuals. Adverse possession depends on intent of occupant to claim and hold real property in opposition to all the world, Sertic v. Roberts, 171 Or. 121, 136 P.2d 248; and also embodies the idea that owner of or persons interested in property have knowledge of the assertion of ownership by the occupant, Field v. Sosby, Tex.Civ.App., 226 S.W.2d 484, 486.
Adverse possession consists of actual possession with intent to hold solely for possessor to exclusion of others and is denoted by exercise of acts of dominion over land including making of ordinary use and taking of ordinary profits of which land is susceptible in its present state. U. S. v. Chatham, D.C.N.C., 208 F.Supp. 220, 226.
- possession (hostile possession
- open possession)

Black's law dictionary. . 1990.

Look at other dictionaries:

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  • adverse possession — Law. the open and exclusive occupation and use of someone else s real property without permission of the owner continuously for a period of years prescribed by law, thereafter giving title to the occupier user. * * * In Anglo American property… …   Universalium

  • Adverse Possession — A principle of real estate law that allows a person who possesses someone else s land for an extended period of time to claim legal title to that land. Land claimed under adverse possession does not require the claimant to pay for that land, but… …   Investment dictionary

  • adverse possession — An actual and visible appropriation of property commenced and continued under a claim of right inconsistent with arid hostile to the claim of another. An open and notorious possession and occupation of real property under an evident claim or… …   Ballentine's law dictionary

  • adverse possession — noun : a possession that is hostile, under a claim or color of title, actual, open, notorious, exclusive, and continuous, continued for the required period of time (generally 20 years) thereby giving an indefeasible right of possession or… …   Useful english dictionary

  • adverse possession — noun A means of acquiring title to anothers real property without compensation by occupying the property in a manner that is actual, open and notorious, exclusive, hostile, under cover of claim or right, and continuous for a certain number of… …   Wiktionary

  • constructive adverse possession — Type of adverse possession which, under certain statutes, is characterized by payment of taxes under color of right, as distinguished from actual adverse possession in which the adverse claimant is in actual possession …   Black's law dictionary

  • title by adverse possession — See adverse possession …   Ballentine's law dictionary


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