Legal Definitions - claim of ownership

Claim of Ownership

A claim of ownership occurs when an individual or entity takes physical possession of property and acts as if they are the rightful owner, even if they do not legally hold the title or have permission to do so. It represents a clear and open intention to possess, control, and use the property exclusively, often in defiance of the actual legal owner's rights or without regard for who the true owner might be. This concept is particularly relevant in cases involving adverse possession, where continuous and open claims of ownership over time can sometimes lead to a transfer of legal title.

• Example 1: The Encroaching Garden

  A homeowner, unaware of the precise boundary line, extends their elaborate rose garden by three feet onto what is legally their neighbor's undeveloped land. For ten years, they meticulously tend to this section of the garden, installing a small decorative fence around it and treating it as an undisputed part of their yard. The neighbor, who rarely visits the property, does not object.

  This illustrates a claim of ownership because the homeowner has taken physical possession of a portion of their neighbor's land and is openly treating it as their own, demonstrating a clear intention to control and use it exclusively, despite not having legal title to that specific strip of land.

• Example 2: The Found Artwork

  While cleaning out an old storage unit they purchased at auction, a person discovers a valuable, unsigned painting. Instead of attempting to locate the original owner or report the find, they hang the painting prominently in their living room, tell friends it's a family heirloom, and even have it appraised as their personal property.

  This demonstrates a claim of ownership because the individual has taken possession of the painting and is openly asserting their right to it, treating it as their own property with a clear intention to keep it, despite not being the original owner and not having legally established title through a formal process.

• Example 3: The Abandoned Cabin

  A hiker discovers an old, seemingly abandoned cabin deep in the woods. They decide to move in, repair the roof, install new windows, and establish a small vegetable patch outside. They live there continuously for several years, paying for materials and acting as if they are the sole proprietor, even though they have no deed or legal right to the land.

  This exemplifies a claim of ownership because the hiker has taken physical control of the cabin and surrounding land, making improvements and using it exclusively. Their actions clearly show an intention to possess and own the property, disregarding any potential legal owner or title.