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Adverse possession: Difference between revisions

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=="Color of title"==
=="Color of title"==
"Color of title" means the adverse possessor assumes possession based on a document conveying title even though the aforesaid document may be challenged.
"Color of title" means the adverse possessor assumes possession based on a document conveying title even though the aforesaid document may be challenged.
==See also==
*[[Property_Dukeminier/Outline#Acquisition_by_Adverse_Possession_.28p._114.29]]

Revision as of 14:38, April 10, 2023

In Anglo-American property law, adverse possession is a legal mechanism for a trespasser (or squatter) to gain title to property, without the true owner's consent.


CHOSE mnemonic

To acquire property through the adverse possession procedure, the trespasser must show that her possession is

  1. Continuous;
  2. Hostile;
  3. Open and notorious;
  4. for the Statutory period; and
  5. Exclusive.


Property taxes

Some U.S. states make payment of property taxes a pre-requisite for anyone wanting to claim adverse possession; these payments must last throughout the statutory period.


"Color of title"

"Color of title" means the adverse possessor assumes possession based on a document conveying title even though the aforesaid document may be challenged.


See also