Adverse Possession in United States
Adverse Possession Definition
The enjoyment of land, or such estate as lies in grant, under such circumstances as indicate that such enjoyment has been commenced and continued under an assertion or color of right on the part of the possessor. 3 East, 394; 1 Pick. (Mass.) 466; 2 Serg. & R. (Pa.) 527; 3 Pa. St. 132; 8 Conn. 440; 2 Aik. (Vt.) 364; 9 Johns. (N. Y.) 174; 18 Johns. (N. Y.) 40, 355; 5 Pet. (U.S.) 402; 4 Bibb (Ky.) 550. There must be actual possession. 45 111. 388; 36 Minn. 525; 78 N. C. 354; 1 Grat. (Va.) 211. But what constitutes such possession varies with the nature and situation of the premises. 11 Grat. (Va.) 420; 8 Barb. (N. Y.) 253. Cultivation, improvement, or inclosure always constitutes occupation, and, if the occupant holds under a paper title, a use for supply of fuel, etc., or a use as subservient to land actually occupied, will constitute an occupation. Code Civ. Proc. N. Y. §§ 370, 371. The possession must be open and notorious (42 Mass. 95; 16 Wis. 594), distinct and exclusive (150 U.S. 597; 6 Md. 201), hostile (15 111. 271; 13 Ohio St. 42; 89 Wis. 551), and continuous in the occupant or those claiming under him for the period prescribed by statute (47 U.S. 550; 6 Md. 256; 36 W. Va. 445).
Adverse Possession in Foreign Legal Encyclopedias
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Adverse Possession | Adverse Possession in the World Legal Encyclopedia. |
Adverse Possession | Adverse Possession in the European Legal Encyclopedia. |
Adverse Possession | Adverse Possession in the Asian Legal Encyclopedia. |
Adverse Possession | Adverse Possession in the UK Legal Encyclopedia. |
Adverse Possession | Adverse Possession in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Adverse Possession
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Adverse Possession | Adverse Possession in the Family Law Portal of the American Encyclopedia of Law. |
Adverse Possession | Adverse Possession in the IP Portal of the American Encyclopedia of Law. |
Adverse Possession | Adverse Possession in the Commercial Law Portal of the American Encyclopedia of Law. |
Adverse Possession | Adverse Possession in the Criminal Law Portal of the American Encyclopedia of Law. |
Adverse Possession | Adverse Possession in the Antritrust Portal of the American Encyclopedia of Law. |
Adverse Possession | Adverse Possession in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
Adverse Possession | Adverse Possession in the Constitutional Law Portal of the American Encyclopedia of Law. |
Adverse Possession | Adverse Possession in the Tax Law Portal of the American Encyclopedia of Law. |
Adverse Possession | Adverse Possession in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Adverse Possession | Adverse Possession in the Employment and Labor Portal of the American Encyclopedia of Law. |
Adverse Possession | Adverse Possession in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Adverse Possession | Adverse Possession in the Environmental Law Portal of the American Encyclopedia of Law. |
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http://lawi.us/adverse-possession | The URI of Adverse Possession (more about URIs) |
Adverse Possession related entries | Find related entries of Adverse Possession |
Legal Issue for Attorneys
The enjoyment of land, or such estate as lies in grant, under such circumstances as indicate that such enjoyment has been commenced and continued under an assertion or color of right on the part of the possessor. 3 East, 394; 1 Pick. (Mass.) 466; 2 Serg. & R. (Pa.) 527; 3 Pa. St. 132; 8 Conn. 440; 2 Aik. (Vt.) 364; 9 Johns. (N. Y.) 174; 18 Johns. (N. Y.) 40, 355; 5 Pet. (U.S.) 402; 4 Bibb (Ky.) 550. There must be actual possession. 45 111. 388; 36 Minn. 525; 78 N. C. 354; 1 Grat. (Va.) 211. But what constitutes such possession varies with the nature and situation of the premises. 11 Grat. (Va.) 420; 8 Barb. (N. Y.) 253. Cultivation, improvement, or inclosure always constitutes occupation, and, if the occupant holds under a paper title, a use for supply of fuel, etc., or a use as subservient to land actually occupied, will constitute an occupation. Code Civ. Proc. N. Y. §§ 370, 371. The possession must be open and notorious (42 Mass. 95; 16 Wis. 594), distinct and exclusive (150 U.S. 597; 6 Md. 201), hostile (15 111. 271; 13 Ohio St. 42; 89 Wis. 551), and continuous in the occupant or those claiming under him for the period prescribed by statute (47 U.S. 550; 6 Md. 256; 36 W. Va. 445).
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Notice
This definition of Adverse Possession Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
A method whereby one acquires title to land against all others through certain acts over an uninterrupted period. Adverse possession is actual, visible, open, notorious, hostile, under claim or right, definite, continuous, exclusive, and so on.
What is Adverse Possession?
For a meaning of it, read Adverse Possession in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Adverse Possession.
Acquisition by Adverse Possession and Prescription Explained
References
See Also
- Property
Resources
See Also
Cause of Action; Color of Title; Easement; Real Property; Statute of Limitations; Title; Trespass.
Further Reading (Articles)
Adverse Possession and Title-by-Registration Systems in Australia and England, Melbourne University Law Review; December 1, 2011; Burns, Fiona
End Adverse Possession Now Endorses New Washington State Bill to Stop Legalized Land Theft, Journal of Technology; September 29, 2009
The Moral Paradox of Adverse Possession: Sovereignty and Revolution in Property Law, McGill Law Journal; March 1, 2010; Katz, Larissa
Adverse Possession in Oregon: The Belief-in-Ownership Requirement, Environmental Law; June 22, 1993; Olson, Per C.
Adverse Possession: Mind Your Property, Mondaq Business Briefing; May 13, 2014
Efficient Trespass: The Case for “Bad Faith” Adverse Possession, Northwestern University Law Review; April 1, 2006; Fennell, Lee Anne
A Tale of Two Systems – Reforms to the Law of Adverse Possession., Mondaq Business Briefing; May 5, 2004
Stop Letting Your Property Get Mowed Away – Fighting Claims of Adverse Possession., Mondaq Business Briefing; April 7, 2005
Law Reform Co
mmission’s Proposals for the Reform of the Law on Adverse Possession, Mondaq Business Briefing; December 17, 2012;
The Rules of ‘Adverse Possession’ Determine Who Is Entitled to Occupy Land, The Washington Post; March 22, 2003; Benny L. Kass
Whose Land Is It Anyway: Boundaries, Adverse Possession and Encroachment, Mondaq Business Briefing; March 11, 2014; Kordic, Paul
Fight `Adverse Possession’, The Washington Post; January 16, 1988; Benny L. Kass
Acquiring title by adverse possession in breach of human rights., Mondaq Business Briefing; November 22, 2005
Adverse possession of mineral rights: One loser, one winner, Engineering and Mining Journal; February 1, 1998; Aston, R Lee
LAND GRAB: ADVERSE-POSSESSION LAWS LEAVE SOME PROPERTY BOUNDARIES OPEN TO DISPUTE, The Columbian (Vancouver, WA); July 22, 2001; STEVEN GARDNER, Columbian staff writer
The onus of proof lies on the plaintiff to establish adverse possession with the requisite intent, The Irish Times; October 22, 2007
HKIS Comments on Consultation Paper on Adverse Possession, Mondaq Business Briefing; April 15, 2013
Can A Squatter Have Adverse Possession of Common Areas of A Building? the Court of Appeal Has Divergent Views, Mondaq Business Briefing; July 30, 2013; Yip, Alan
Commentary: Top 10: Tips on making adverse possession claims, Daily Record (Rochester, NY); June 7, 2011; Mark J Moretti
Compensation for Land Lost Through Adverse Possession.(J.A. Pye (Oxford) Ltd. and Grahams land acquisition case), Mondaq Business Briefing; January 27, 2006
Adverse Possession in State Statute Topics
Introduction to Adverse Possession
The purpose of Adverse Possession is to provide a broad appreciation of the Adverse Possession legal topic. Select from the list of U.S. legal topics for information (other than Adverse Possession).
Acquisition by Adverse Possession and Prescription Explained
References
See Also
- Property
Resources
Further Reading
- Information about Adverse Possession in the Gale Encyclopedia of American Law.
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