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.

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