Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

adverse possession

Read a random definition: editus

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
23:23
I have a hairy digital footprint
23:24
They’ll never catch me tho
23:25
u were smart about ur user, everyone loves pizza so u could be anyone
23:25
Im like a sewer turtle
@JumpySubsequentDolphin: ur digital footprint is hot
23:28
can u sell pics of ur digital footprint to pay for law school? asking for a friend
23:29
Digital footprint in the sand with a mysterious instagram caption
23:29
Hello 😊
23:30
@CoalCat: what school u working for
23:30
no schools so far
23:30
international student
PizzaDude
23:30
I dont trust u
Dkk
23:32
Pizza is code for pedophile. Hence pizza gate.
PizzaDude
23:32
Well thats not justified
PizzaDude
23:33
i havent accomplished enough to be a part of that yet
Dkk
23:34
Imagine what losers the modern skull and bones people at Yale are compared to their founders.
23:44
u not even in the ring yet
Dkk
23:45
Nah but I am a hater
me hating on cornblatt^
Dkk
23:49
Dude my retard roommate has been putting food waste this month in the drain side of the sink and not the garbage disposal. I hate this dumb mother fucker so much.
PizzaDude
23:50
Yeah thats dumb
23:50
dkk i get that that's awful, but ableist slurs aren't the way to go
Dkk
23:53
Jesus 6 more months with this idiot and hopefully any law school at that point.
windyMagician
0:22
im autistic and i give dk permission to use the word
0:26
im autistic and i dont
Dkk
0:31
I am learning about the civil war on drugs rn: https://www.youtube.com/watch?v=GxdNTkGRcLY
PizzaDude
1:24
Everyones always like “im autistic” but no one ever stops to ask “dk are you autistic?”
PizzaDude
1:24
Thats the important question
Dkk
3:06
I am not sure but I do enjoy a lot of things that people would describe as autistic.
Dkk
3:07
I always say you kind of have to be to go on here each day.
LSD+ is ad-free, with DMs, discounts, case briefs & more.