Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

adverse possession

Read a random definition: appreciation test

A quick definition of adverse possession:

Adverse possession is when someone takes control of land that belongs to someone else and uses it as their own for a long time. If they do this for a certain amount of time, they can become the legal owner of the land. To do this, they must use the land continuously, without sharing it with anyone else, and in a way that is obvious to the real owner. The real owner must not give permission for the person to use the land. The amount of time needed to become the legal owner varies depending on where you live.

A more thorough explanation:

Adverse possession is a legal concept that allows a person to gain ownership of someone else's property if they meet certain requirements and have been in possession of the property for a certain period of time.

  • Continuous: The adverse possessor must maintain continuous possession of the property. This means that they must use the property as if they were the actual owner and not share control of the property with anyone else.
  • Hostile: The possession must infringe on the rights of the true owner. This means that the adverse possessor must use the property without the true owner's consent or license.
  • Open and Notorious: The possession must be obvious to anyone who bothers to look, so as to put the true owner on notice that a trespasser is in possession.
  • Actual: The adverse possessor must actually be in possession of someone else's property.
  • Exclusive: The adverse possessor must exclude others from possession, as if they were the actual owner.

A typical statute requires possession for 7 years, if under color of title, or 20 years if not. The threshold, however, varies by jurisdiction.

John owns a piece of land but has not used it for many years. Sarah starts using the land as a garden and maintains it for 20 years without John's permission. Sarah may be able to claim adverse possession of the land because she has met the requirements of continuous, hostile, open and notorious, actual, and exclusive possession for the required period of time.

Another example is if a person builds a fence on someone else's property and uses the land inside the fence as their own for the required period of time. If the true owner does not take action to remove the fence or challenge the adverse possession claim, the adverse possessor may be able to gain ownership of the land.

These examples illustrate how adverse possession can occur when a person uses someone else's property without permission for a certain period of time and meets the requirements for adverse possession.

adverse party | adverse witness

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
LSD+ is ad-free, with DMs, discounts, case briefs & more.