Adverse possession
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In Anglo-American property law, adverse possession is a legal mechanism for a trespasser (or squatter) to gain title to property, without the true owner's consent.
CHOSE mnemonic[edit | edit source]
To acquire property through the adverse possession procedure, the trespasser must show that her possession is
- Continuous;
- Hostile;
- Open and notorious; (e.g. Marengo Cave Co. v. Ross)
- for the Statutory period [usually 10 years]; and
- Exclusive.
Property taxes[edit | edit source]
Some U.S. states make payment of property taxes a pre-requisite for anyone wanting to claim adverse possession; these payments must last throughout the statutory period.
"Color of title"[edit | edit source]
"Color of title" means the adverse possessor assumes possession based on a document conveying title even though the aforesaid document may be challenged.
