Adverse Possession - Law Dictionary Search Results
Home Dictionary Name: adverse possessionAdverse possession
Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued, and does away with the doctrine of adverse possession, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up disposse...
adverse possession
adverse possession see possession ...
possession
possession 1 : the act, fact, or condition of having control of something: as a : actual possession in this entry b : constructive possession in this entry c : knowing dominion and control over a controlled substance or other contraband d in the civil law of Louisiana : the detention or enjoyment of a corporeal thing e : control or occupancy of property actual possession 1 : direct occupancy, use, or control of real property [had actual possession of the land despite a lack of legal title] 2 : direct physical custody, care, or control of property or contraband (as illegal drugs) [actual possession is not necessary to sustain a conviction "State v. Garrison, 896 S.W.2d 689 (1995)"] adverse possession : actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, often under a claim of right or color of title, and that may give rise to title in the possessor if carried out for a specified statutory period (as ...
Adverse title
Adverse title, means a title acquired by adverse possession, Black Law Dictionary, 7th Edn., p. 1493.Means an exclusive title acquired by adverse possession, Black Law Dictionary, 7th Edn., p. 1493....
Act of possession
Act of possession, means a conduct indicating an intent to claim the property in question as one's own; esp., conduct that supports a claim of adverse possession, Black Law Dictionary, 7th Edn., p. 35....
Sufferance, Tenancy at
Sufferance, Tenancy at. This is the least and lowest estate which can subsist in realty. It is in strictness not an estate, but a mere possession only it arises when a person after his right to the occupation, under a lawful title, is at an end, continues (having no title at all) in possession of the land, without the agreement or disagreement of the person in whom the right of possession resides. Thus if A is a tenant for yes, and his term expires, or is a tenant at will, and his lessor dies, and he continues in possession without the disagreement of the person who is entitled to the same, in the one and the other of these cases he said to have the possession by sufferance-that is, merely by permission or indulgence, without any right: the law esteeming it just and reasonable, and for the interest of the tenant, and also of the person entitled to the possession, to deem the occupation to be continued by the permission of the person who has the right, till it is proved that the tenant ...
hostile
hostile 1 : having an intimidating, antagonistic, or offensive nature [a work environment] 2 a : of or relating to an opposing party in a legal action [a claim] b : adverse to the interests of a party to a legal action [if the interests of the party joined involuntarily render him to the original plaintiff, he must remain a defendant "J. H. Friedenthal et al."] 3 a : adverse to or incompatible with the interests of a property owner [a use] see also adverse possession at possession easement by prescription at easement, prescription b : unwelcome by or contrary to the interests of corporate stockholders or management [a takeover bid] ...
tack
tack : to combine (a use, possession, or period of time) with that of another esp. in order to satisfy the statutory time period for acquiring title to or a prescriptive easement in the property of a third party [successive adverse users in privity with prior adverse users can successive adverse possessions of land "Hall v. Kerlee, 461 S.E.2d 911 (1995)"] ...
squatter
squatter : a person who occupies real property without a claim of right or title NOTE: In most jurisdictions, a squatter cannot gain title to land through adverse possession because adverse possession requires possession of the property under a claim of right or color of title. ...
prescription
prescription [partly from Middle French prescription establishment of a claim, from Late Latin praescription- praescriptio, from Latin, act of writing at the beginning, order, from praescribere to write at the beginning, dictate, order; partly from Latin praescription- praescriptio order] 1 : acquisition of an interest (as an easement) in real property that is usually less than a fee by long-term, continuous, open, and hostile use and possession as determined by the law of a jurisdiction [gained title by ] see also easement by prescription at easement compare adverse possession at possession 2 in the civil law of Louisiana a : the running of a period of time set by law after which a right is unenforceable in Louisiana courts but may be enforced in another state forum [an interruption of ] [by the of ten years] ;also : the bar to an action that results from prescription see also peremptory exception compare peremption b : the creation of a right by the running of a period of time...
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