What is acquisition by Adverse Possession?
The party that wishes to assert adverse possession despite not having true title must: Make an actual entry giving the adverse possessor exclusive possession that is:
- open and notorious;
- adverse and under a claim of right; and
- the adverse possession must be continuous for the statutory period.
- Usual requirement for exclusive possession is cultivation and a claim of title.
- Some requirements require substantial enclosure (Van Valkenburgh)
- Paying taxes may = adverse possession
- State of mind of the person asserting adverse possession is not relevant.
- Open and notorious must be a big encroachment or known to the person who has title.
- Open and Notorious meets the reasonable notice requirement
- Adverse must equal hostile, hostile must equal adverse to true title.
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