Difference between revisions of "Adverse possession"
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| − | '''Adverse possession''' is a method of acquiring [[real property]] under certain conditions simply through occupation of the property (without owning it) | + | '''Adverse possession''' is a method of acquiring [[real property]] under certain conditions simply through continuous occupation of the property (without owning it). |
| − | + | In order to actually acquire the property, the person seeking to obtain it (the '''disseisor''') must: | |
| − | * | + | *Actually possess the property as would a true owner (merely trespassing on the land, for example to hunt or fish, is insufficient). |
| + | *Possess the property hostile to the true owner's right, and in a manner capable of being seen by the public ("open and notorious") | ||
| + | *Continually possess the property for a specified period of time. | ||
| − | [[Category: | + | Some states have other requirements, such as having a good faith belief that the person had a right to occupy the property, and/or payment of property taxes due. Notably, no state recognizes the right to adverse possession of land owned by the government. |
| + | |||
| + | [[Category:Real Estate]] | ||
[[Category:Legal Terms]] | [[Category:Legal Terms]] | ||
Revision as of 19:36, March 2, 2018
Adverse possession is a method of acquiring real property under certain conditions simply through continuous occupation of the property (without owning it).
In order to actually acquire the property, the person seeking to obtain it (the disseisor) must:
- Actually possess the property as would a true owner (merely trespassing on the land, for example to hunt or fish, is insufficient).
- Possess the property hostile to the true owner's right, and in a manner capable of being seen by the public ("open and notorious")
- Continually possess the property for a specified period of time.
Some states have other requirements, such as having a good faith belief that the person had a right to occupy the property, and/or payment of property taxes due. Notably, no state recognizes the right to adverse possession of land owned by the government.