{"id":15919,"date":"2018-05-13T03:38:57","date_gmt":"2018-05-13T03:38:57","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=15919"},"modified":"2018-05-14T06:34:17","modified_gmt":"2018-05-14T06:34:17","slug":"adverse-possession-related-terms","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=15919","title":{"rendered":"Adverse Possession – related terms:"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Tenancy<\/a> >>>> Possession<\/a> >>>> Adverse Possession<\/a>:<\/span><\/strong><\/p>\n

*************************<\/p>\n

adverse user<\/span><\/a> – using real property in an “open, notorious, hostile manner” under a claim of right, contrary to the interests of the true owner.<\/span><\/strong><\/p>\n

claim of right<\/span> <\/a>– entry and occupation of land with intent to claim and hold it for one’s own.\u00a0<\/strong>\u2014 aka \u00a0claim of title<\/em><\/strong><\/span>;\u00a0<\/strong><\/span>claim of ownership<\/strong><\/span>.<\/em><\/span><\/p>\n

adverse enjoyment<\/span><\/a> – possession or use of land under a claim of right against the property owner.<\/span><\/strong><\/p>\n

adverse claim<\/span><\/a> – a claim to possession which is hostile to the true owner.<\/span><\/strong><\/span><\/p>\n

Forms of\u00a0<\/span>Possession<\/span>
\n<\/em>that pertain to Adverse Possession:<\/span><\/strong><\/span><\/p>\n

actual possession<\/a><\/span> \u2013 in adverse possession cases, actual entry upon the premises, physical occupancy and control over property such as to indicate exclusive ownership.<\/span><\/strong>\u00a0\u2013 aka\u00a0<\/span>possession in fact<\/strong><\/span>.\u00a0<\/em><\/span><\/p>\n

exclusive possession<\/a><\/span> \u2013 possession of land by a claimant for himself, as his own, and not for another.\u00a0<\/span><\/strong>\u2014 aka<\/span> sole possession<\/strong><\/em><\/span>.<\/span><\/p>\n

open and notorious possession<\/a><\/span> \u2013 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.\u00a0<\/span><\/strong>\u2014 aka\u00a0notorious possession<\/em><\/strong>.<\/em><\/span><\/span><\/p>\n

hostile possession<\/a><\/span> \u2013\u00a0open, notorious possession of land under a claim of an exclusive right thereto, including against the record owner\u2019s claim.<\/span><\/strong><\/span><\/p>\n

occupancy<\/span><\/a> – the act of taking possession of something that has\u00a0no owner (such as abandoned property) so as to acquire legal ownership.<\/span><\/strong><\/span><\/p>\n

Terms Pertaining to
\nAn Interrupted Adverse Claim:<\/span><\/strong><\/p>\n

interruption of possession (or prescription)<\/span><\/a> – 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.<\/span><\/strong><\/p>\n