Adverse possession - sustany/dvg GitHub Wiki

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid�title�to it, so long as certain requirements are met, and the adverse possessor is in�possession�for a sufficient period of time, as defined by a�statute of limitations.

The�common law�requirements have evolved over time and they vary between�jurisdictions. Typically, for an adverse possessor to obtain�title, their�possession�of the�property�must be

Continuous

• A single adverse possessor must maintain�continuous�possession�of the�property.
• However, the continuity may be maintained between successive adverse possessors if there is�privity�between them.

Hostile

• In this context, "hostile" does not mean "unfriendly." Rather, it means that the�possession�infringes on the rights of the true�owner.
• If the true�owner�consents�or gives�license�to the adverse possessor's use of the�property,�possession�is not hostile and it is not really adverse possession.
• Renters�cannot be adverse possessors of the�rented�property, regardless of how long they�possess�it.

Open and Notorious

• Possession�must be obvious to anyone who bothers to look, so as to put the true�owner�on notice that a�trespasser�is in�possession.
• One will not succeed with an adverse possession claim if it is secret.

Actual

• The adverse possessor is�actually�in�possession�of someone else's�property.
• The true�owner�has a�cause of action�for�trespass, which must be pursued within the�statute of limitations.

Exclusive

• The adverse possessor does not share control of the�property�with anyone else (unless in�privity�with themself).
• They�exclude�others from�possession, as if they were the actual owner.

A typical�statute�requires�possession�for 7 years, if under�color of title, or 20 years�if not. The threshold, however, varies by�jurisdiction.