The adverse possession claim is critical...they believed the adverse possession claim, which is huge...
Adverse Possession
Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid
title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a
statute of limitations.
The common law requirements
The common law requirements have evolved over time, and the articulation of those requirements varies somewhat from
jurisdiction to jurisdiction. Typically, adverse possession, in order to ripen into
title, must be:
(1)
Continuous; this means continual possession by a single adverse possessor, or by successive adverse possessors so long as
privity exists between them.
(2)
Hostile to the interests of the true owner; this is the
adverse part of adverse possession.
(3)
Open and notorious, so as to put the true owner on notice that a trespasser is in possession.
(4)
Actual, so that the true owner has a
cause of action for
trespass, on which the true owner must act within the
statute of limitations.
(5)
Exclusive, in order that there be no confusion as to who acquires
title once the time has run.
Adverse Possession
Adverse possession - Wikipedia
