Adverse possession occurs when someone takes ownership of land by using it for a legally prescribed amount of time. The four requirements are effective use, open and known use, no authorization to use the land, and continuous use for the applicable time period. The adverse possessor must actually use the land and the use must be open and known. The length of time required varies by jurisdiction, but must be continuous.
Adverse tenure occurs when someone takes title to a piece of land owned by someone else simply by using the land for a legally prescribed amount of time. Although the amount of time that gives rise to adverse possession varies from jurisdiction to jurisdiction, the four basic requirements are generally the same. The unfavorable owner, in order to acquire ownership of land through adverse possession, must make effective use of the land, the use must not be hidden, the owner must not have been granted authorization to use the land and the use must be continuous over time. applicable time period.
There must be actual use of the land to make an adverse possession. This nature of use generally determines how much of the tract of land is negatively owned. While not every inch of land needs to be occupied in order for the adverse owner to take the land in its entirety, if the owner appears to control the land in its entirety to outsiders, then he is said to constructively own the entire tract. Otherwise, adverse tenure will simply apply to the portion of land that the possessor actually used.
Adverse tenure will not be effected if the adverse possessor’s use of the land is concealed from its original owner. It is said that the use must be “open and known”. The reason for this is in the interest of equity. The original owner should not be penalized for non-use of his land if the adverse owner does not indicate his intention to use the land. Also, if the original owner has granted permission for the use of the land, there is no adverse possession. If the original owner learns of the opposing owner’s use of the land and explicitly acknowledges that it is permitted, it has the same effect as if the opposing owner originally entered the land with the owner’s permission.
Under common law, the length of time the adverse possessor had to use the land to acquire title was 20 years. This is still the most common time frame mandated by law, but many jurisdictions deviate from this standard. The use of the land by the unfavorable possessor must be continuous for the period of time established by the law on unfavorable tenure. Even if the possessor meets all of the above qualifications, but does so in intermittent periods which equal the time period required by law, the possessor cannot acquire title to the land.
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