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Adverse Possession Principles

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Hostile Possession

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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.

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Actual Possession

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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.

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Exclusive Possession

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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.

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Good Faith Mistake

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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.

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Color of Title

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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.

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Statutory Period

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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.

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Tacking

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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.

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Continuous Possession

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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.

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Payment of Taxes

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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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Open and Notorious Possession

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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.

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