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Adverse Possession Principles
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Actual Possession
Definition: Actual possession requires the possessor to physically use the land as a property owner would. Elements for Claim: Physical presence on the property, use of the property that is typical of ownership, and some degree of exclusivity.
Hostile Possession
Definition: Hostile possession means the possessor's occupation of the land is without permission of the true owner. Elements for Claim: Possession without consent, possession against the interests of the true owner, and a mentality that the possessor is not subordinating to the true owner.
Open and Notorious Possession
Definition: Open and Notorious possession requires that the possession be visible and apparent, such that it would give notice to the true owner. Elements for Claim: Possession that is observable, possession that would alert the true owner to potential adverse claim, and generally known or easily discoverable possession.
Continuous Possession
Definition: Continuous possession means the occupier has used the property consistently and over a continuous period. Elements for Claim: Uninterrupted use of the property, use over the statutory period, and consistent activity on the land that indicates ownership.
Exclusive Possession
Definition: Exclusive possession implies that the possessor has sole control over the property without sharing it with the true owner or general public. Elements for Claim: Sole use by the possessor, no permission or sharing with the owner, and a clear distinction that others are excluded from possession.
Statutory Period
Definition: The statutory period is the length of time the possessor must continuously, openly, and notoriously occupy the land before a claim of adverse possession can be legitimized. Elements for Claim: Occupation for the full duration required by law, meeting all other principles of adverse possession during this time, and calculation of the period starts when hostile possession commences.
Color of Title
Definition: Color of Title refers to a claim founded on a written document that is defective or for some reason not validly conveying title but that appears to provide some plausible basis for the claim of ownership. Elements for Claim: Possession under a document showing ownership, flaws in the document that prevent true ownership, and the possessor believes the document is valid.
Tacking
Definition: Tacking is the legal principle that allows a current possessor to add their period of adverse possession to that of a previous possessor to meet the statutory period. Elements for Claim: Successive adverse possession without interruption, voluntary transfer of possession, and a combined total of time that meets the statutory requirement.
Good Faith Mistake
Definition: Good Faith Mistake suggests that the adverse possessor was under the impression that they had the right to possess the property. Elements for Claim: Belief in ownership, no intention to deceive or trespass, and the possession must still fulfill other adverse possession criteria.
Payment of Taxes
Definition: Payment of Taxes on the contested property can sometimes strengthen an adverse possession claim. Elements for Claim: Payment of property taxes by the possessor, documentation supporting tax payments, and evidence that the payments were made for the statutory period.
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