adverse possession

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.

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In Anglo-American property law, holding of real property (see real and personal property) with the knowledge and against the will of one who has a superior ownership interest in it.

Statutes of limitation in most U.S. states allow an adverse possessor to acquire legal title if the owner does not seek timely possession.

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law
      in Anglo-American property law, holding of property under some claim of right with the knowledge and against the will of one who has a superior ownership interest in the property. Its legal significance is traced back to the English common-law concept known as seisin, a possession of land by one who owns the property at least for the period of his life, having a complete right to possession of the property as against all others. The possession by any other under some claim of right to the land was known as disseisin. One who was disseised of his property could take the matter to the king's court through a legal action known as the assize of novel disseisin. If the land held by a disseisor was claimed by an heir of the original owner in seisin, the heir could bring a similar legal action known as the assize of mort d'ancestor. After the 17th century more expeditious legal actions were developed.

      In the United States, disseisin developed as the concept of adverse possession. Statutes of limitation in most of the U.S. states set time limits within which an owner can bring an action for possession, after which time an adverse possessor acquires a legal title to the land.

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Universalium. 2010.

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 — 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… …   Investment dictionary

  • 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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