Adverse Possession IX

Open and hostile and ready.

Definition/Summary:

Adverse possession

  • When a person who does not have legal title to land (or real property) occupies the land without the permission of the legal owner
  • Method of acquiring title to real property by possession for a statutory period under certain conditions: proof of non-permissive use which is actual, open and notorious, exclusive, adverse, and continuous for the statutory period
  • Governed by statute concerning the title to real property (land and the fixed structures built upon it)
  • The occupation of land to which another person has title with the intention of possessing it as one’s own

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