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Adverse possession
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
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
- Continuous;
- Hostile;
- Open and notorious; (e.g. Marengo Cave Co. v. Ross)
- for the Statutory period [usually 10 years]; and
- 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.
