Legal Definitions - hostile possession

Hostile possession refers to the act of occupying or using someone else's real property (land or buildings) without their express permission or consent. In this legal context, "hostile" does not imply aggression, anger, or ill will. Instead, it means that the possession is adverse to the true owner's rights and claims.

Essentially, someone is in hostile possession when they are using or controlling property as if they were the owner, but they do not have the actual owner's authorization to do so. A crucial aspect of determining hostile possession is that the possessor's personal belief or intent—whether they mistakenly think they own the property, believe it's abandoned, or are fully aware it belongs to someone else—is generally irrelevant. The determination of hostility is based on the objective fact that the possession is unauthorized and contrary to the true owner's legal rights.

This concept is a fundamental requirement for establishing a claim of adverse possession, a legal doctrine that allows a person to acquire ownership of land by occupying it for a specified period under certain conditions.

• Example 1: Encroaching Driveway

  Consider a situation where a homeowner, Mr. Henderson, decides to repave and widen his gravel driveway. Due to an old, unmarked property line, a small section of his new paved driveway extends approximately two feet onto his neighbor Ms. Chen's undeveloped land. Mr. Henderson proceeds with the construction without consulting Ms. Chen or obtaining her permission, genuinely believing the entire paved area is within his property boundaries. Mr. Henderson's occupation and use of that two-foot strip of Ms. Chen's land is considered hostile possession. Even though he acted without malicious intent and mistakenly believed the land was his, his actions are objectively without Ms. Chen's consent and are adverse to her ownership rights.

• Example 2: Using an Unclaimed Field

  A farmer, Mrs. Davies, lives next to a large, unkempt field that appears to have been abandoned for decades. The true owner lives in another state and has not visited or paid taxes on the property in over twenty years. Mrs. Davies, needing more space for her crops, decides to clear a portion of this field, plow it, and plant corn. She does not seek permission from anyone, assuming the land is unowned or that no one cares. Mrs. Davies's cultivation of the field constitutes hostile possession. She is occupying and using the land without the true owner's consent, and her actions demonstrate an assertion of control over the property that is contrary to the owner's legal rights, regardless of her belief that the land was abandoned.

• Example 3: Building a Shed on a Neighbor's Lot

  Mr. Kim purchases a new house and wants to build a storage shed in his backyard. He consults his property survey but misreads the boundary markers, inadvertently constructing the shed entirely on a vacant portion of his neighbor's adjacent lot. The neighbor, who travels frequently for work, does not notice the encroachment for several years. Mr. Kim's placement and use of the shed on his neighbor's property is an act of hostile possession. He is physically occupying and controlling a part of his neighbor's land without permission, and his actions are objectively adverse to the neighbor's ownership rights, even though Mr. Kim made an honest mistake and had no intention of taking his neighbor's land.