Adverse Possession

A principle of real estate law that allows a person who possesses someone else's land for an extended period of time to claim legal title to that land. Land claimed under adverse possession does not require the claimant to pay for that land, but does require that the claimant prove that the land possession is actual, open and notorious, exclusive, hostile or adverse and continuous.

Regulations surrounding adverse possession can vary from jurisdiction to jurisdiction, and the definitions of the legal requirements are open to interpretation. Adverse possession is sometimes called "squatter's rights". This is because in some jurisdictions if a person occupies another person's land for a certain period of time (without paying rent) and the owner takes no legal action to remove that person, he or she can gain legal title to the property. In most cases, the squatter must occupy the land for an extended period of time, such as 15 to 20 years.


Investment dictionary. . 2012.

Look at other dictionaries:

  • adverse possession — see possession Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. adverse possession …   Law dictionary

  • Adverse possession — Adverse Ad verse, a. [OE. advers, OF. avers, advers, fr. L. adversus, p. p. advertere to turn to. See {Advert}.] [1913 Webster] 1. Acting against, or in a contrary direction; opposed; contrary; opposite; conflicting; as, adverse winds; an adverse …   The Collaborative International Dictionary of English

  • Adverse possession — Squatter s rights redirects here. For the film, see Squatter s Rights (film). Property law …   Wikipedia

  • adverse possession — A method of acquisition of title to real property by possession for a statutory period under certain conditions. Lowery v. Garfield County, 122 Mont. 571, 208 P.2d 478, 486. It has been described as the statutory method of acquiring title to land …   Black's law dictionary

  • adverse possession — Law. the open and exclusive occupation and use of someone else s real property without permission of the owner continuously for a period of years prescribed by law, thereafter giving title to the occupier user. * * * In Anglo American property… …   Universalium

  • adverse possession — An actual and visible appropriation of property commenced and continued under a claim of right inconsistent with arid hostile to the claim of another. An open and notorious possession and occupation of real property under an evident claim or… …   Ballentine's law dictionary

  • adverse possession — noun : a possession that is hostile, under a claim or color of title, actual, open, notorious, exclusive, and continuous, continued for the required period of time (generally 20 years) thereby giving an indefeasible right of possession or… …   Useful english dictionary

  • adverse possession — noun A means of acquiring title to anothers real property without compensation by occupying the property in a manner that is actual, open and notorious, exclusive, hostile, under cover of claim or right, and continuous for a certain number of… …   Wiktionary

  • constructive adverse possession — Type of adverse possession which, under certain statutes, is characterized by payment of taxes under color of right, as distinguished from actual adverse possession in which the adverse claimant is in actual possession …   Black's law dictionary

  • title by adverse possession — See adverse possession …   Ballentine's law dictionary

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