This page is continued from Tenancy >>>> Possession >>>> Adverse Possession:
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adverse user – using real property in an “open, notorious, hostile manner” under a claim of right, contrary to the interests of the true owner.
claim of right – entry and occupation of land with intent to claim and hold it for one’s own. — aka claim of title; claim of ownership.
adverse enjoyment – possession or use of land under a claim of right against the property owner.
adverse claim – a claim to possession which is hostile to the true owner.
Forms of Possession
that pertain to Adverse Possession:
actual possession – in adverse possession cases, actual entry upon the premises, physical occupancy and control over property such as to indicate exclusive ownership. – aka possession in fact.
exclusive possession – possession of land by a claimant for himself, as his own, and not for another. — aka sole possession.
open and notorious possession – possession of real property that is so conspicuous its considered as sufficient notice to a reasonable landowner that their land is subject to an adverse user. — aka notorious possession.
hostile possession – open, notorious possession of land under a claim of an exclusive right thereto, including against the record owner’s claim.
occupancy – the act of taking possession of something that has no owner (such as abandoned property) so as to acquire legal ownership.
Terms Pertaining to
An Interrupted Adverse Claim:
interruption of possession (or prescription) – interruption in the continuity of the possession (or use of an easement) of an adverse claimant in order to restore constructive possession to the owner.
- dispossession (disseisin) – wrongful taking or withholding of possession of land from a person lawfully entitled to it.
- eviction – the act or process of legally or illegally dispossessing a person of land or rental property.
- actual eviction – physical expulsion (dispossession) of a person from land or rental property, as distinguished from constructive eviction.
- constructive eviction –
- forcible entry and detainer –
(1) entry onto real property peaceably in the possession of another, against his will, without authority of law, by actual or threat of force, followed by the withholding of such property; or
(2) a quick and simple legal proceeding for regaining possession of real property from someone who has wrongfully taken, or refused to surrender, possession (or their right to possession has expired or been lawfully terminated). — aka forcible detainer.
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