Simple English definitions for legal terms
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Hostile possession is when someone occupies or uses someone else's property without their permission. This is considered hostile because the occupier intends to claim ownership of the property against the true owner's rights. It doesn't matter if the occupier thinks the property is theirs or not. Hostile possession is an important part of adverse possession, which means that someone can acquire ownership of a property if they use it openly and exclusively for a certain period of time without the true owner's permission. However, adverse possession cannot be used to claim government property.
Hostile possession is when someone occupies or possesses real property without the true owner's consent or permission. This action is considered hostile because it intends to claim property rights against the owner's right. The possessor's state of mind or belief about the property's ownership is not important in determining hostility.
Hostile possession is an essential element of adverse possession, which allows a person who possesses property owned by someone else to acquire the title to the property if certain conditions are met. These conditions include:
For example, if someone builds a fence on a piece of land that they believe is theirs but actually belongs to their neighbor, and they use and maintain that land for 10 years without the neighbor's permission, they may be able to claim adverse possession of the property.
However, adverse possession cannot be applied to government-owned property.