Adverse possession is a process by which premises can change ownership. It is a governed by statute concerning the title to real property (land and the fixed structures built upon it). By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified period. For example, squatter's rights are a specific form of adverse possession.
The circumstances in which adverse possession arises determine the type of title acquired by the disseisor (the one who obtains the title from the original owner), which may be fee simple title, mineral rights, or another interest in real property. Adverse possession's origins are based both in statutory actions and in common law precepts, so the details concerning adverse possession actions vary by jurisdiction. The required period of uninterrupted possession is governed by the statute of limitations. Other elements of adverse possession are judicial constructs.
Read more about Adverse Possession: History, Purpose and Moral Basis, Requirements For Adverse Possession, Effect of Adverse Possession, England and Wales, Squatter's Rights, Comparison To Homesteading, Copyrights, Adverse Possession of Easements, Non-common Law Jurisdictions
Famous quotes containing the words adverse and/or possession:
“The duty of the State toward the citizen is the duty of the servant to its master.... One of the duties of the State is that of caring for those of its citizens who find themselves the victims of such adverse circumstances as makes them unable to obtain even the necessities for mere existence without the aid of others.... To these unfortunate citizens aid must be extended by government—not as a matter of charity but as a matter of social duty.”
—Franklin D. Roosevelt (1882–1945)
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—Flora Tristan (1803–1844)