Sentences with phrase «adverse possession requires»

@Andy, adverse possession requires a long timeframe in most every jurisdiction, though it varies.

Not exact matches

The statutory period required for adverse possession is usually quite long — a decade or two needs to pass before adverse possession occurs.

The Chief Justice also adopts Justice Cromwell's positioning of the standard of occupation, from the common law perspective, as lying between the minimal occupation which would permit a person to sue a wrongdoer in trespass and the most onerous standard required to ground title by adverse possession as against a true owner (para 40).

Adverse possession cases in Massachusetts are factual intensive and require a substantial amount of historical research and preparation prior to trial.

(1) The line must be certain, well defined, and in some fashion physically designated upon the ground, e.g., by monuments, roadways, fence lines, etc.; (2) in the absence of an express agreement establishing the designated line as the boundary line, the adjoining landowners, or their predecessors in interest, must have in good faith manifested, by their acts, occupancy, and improvements with respect to their respective properties, a mutual recognition and acceptance of the designated line as the true boundary line; and (3) the requisite mutual recognition an acquiescence in the line must have continued for that period of time required to secure property by adverse possession.

Many states, although I'm not sure if it is a minority or majority rule, expressly limit adverse possession, at least, to cases in which the person currently in possession of the property has acted in good faith at all times, and at least some require that showing as to everyone in the chain of title relied upon to establish adverse possession.

As for your parcel under a structure I would think a survey would be required and then see the rules on adverse possession in your locale, because that is what someone might claim against your potential claim.