Adverse Possession - Requirements For Adverse Possession - Specific Requirements For Adverse Possession

Specific Requirements For Adverse Possession

A court may require some combination of the following as elements of the basic requirements for adverse possession listed above. Which of these applies varies by jurisdiction and may be a result of interpreting common law or of statute.

• Claim of title or claim of right. The Supreme Court of the United States has ruled that the mere intent to take the land as one's own constitutes "claim of right." Other cases have determined that a claim of right exists if the person believes he has rightful claim to the property, even if that belief is mistaken. A negative example would be a timber thief who sneaks onto a property, cuts timber not visible from the road, and hauls the logs away at night. His actions, though they demonstrate actual possession, also demonstrate knowledge of guilt, as opposed to claim of right.

• Good faith (in a minority of states) or bad faith (sometimes called the "Maine Rule" although it is now abolished in Maine)

• Improvement, cultivation, or enclosure

• Payment of property taxes. This may be required by statute, such as in California, or just a contributing element to a court's determination of possession. Both payment by the disseisor and by the true owner are relevant.

• Color of title: A legal document that appears (incorrectly) to give the disseisor title.

• Dispossession not under force of arms. Dispossession by armed invasion does not establish a claim of adverse possession against the true owner.