title by prescription (adverse title) – a title acquired by prescription (or adverse possession)

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title by prescription:

1. A title acquired by prescription. [1]

1. A title which may be acquired by use and time.
     The elements of such a title are open, visible, and continuous use under a claim of right, adverse to and with the knowledge of the owner.  While a title by prescription does not rest upon statutes of limitations, the courts incline to consider a prescriptive period as analogous to the time fixed by the law of the state as to limitations for commencing actions for the recovery of real property.  See F.C. Ayres Mercantile Co. v Union P. R. Co. (CA8 Colo) 16 F2d 395, 399.
     See adverse possession; prescription; presumed grant. [2]

1. See prescription.  Also see adverse possession. [3]

adverse title:

1. A title acquired by adverse possession. [1]

title by adverse possession:

1. See adverse possession. [2]

1. See adverse possession. [3]

presumed grant:

1. A theoretical basis of the acquisition of title by adverse possession or of a prescriptive right by adverse possession or adverse user. 3 Am J2d Advv P § 3; 25 Am J2d Ease § 39. [2]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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