Law School Discussion

Nine Years of Discussion
;

Author Topic: Adverse Possession  (Read 507 times)

Domdude

  • Newbie
  • *
  • Posts: 3
    • View Profile
    • Email
Adverse Possession
« on: December 12, 2008, 01:06:03 PM »
What disrupts adverse possession?  I know obviously a legal action by the true owner would suffice, but would a request to vacate or the marking off of a boundry line  be adequate to void the continuity?

Holden Caulfield

  • Full Member
  • ***
  • Posts: 61
    • View Profile
    • Email
Re: Adverse Possession
« Reply #1 on: December 12, 2008, 01:52:40 PM »
If the request to vacate is ignored, and the actual owner doesn't come onto the land it shouldn't disrupt AP....I think.

Who's marking off the boundary line? If the AP is marking off the appropriate boundary line, he's acknowledging that he is not the actual owner and he wouldn't meet the hostility requirement anymore. If the owner comes onto what's being adversely possessed and marks the boundary line, I think that would also disrupt the AP...


Anyways, I guess I don't know the answer.

SCOOTERNINJA

  • Full Member
  • ***
  • Posts: 45
    • View Profile
Re: Adverse Possession
« Reply #2 on: December 12, 2008, 07:07:28 PM »
What disrupts adverse possession?  I know obviously a legal action by the true owner would suffice, but would a request to vacate or the marking off of a boundry line  be adequate to void the continuity?

Depends on your jurisdiction.  Look up the majority and minority rules for the hostile element.  Also, just make sure to argue both sides...one side says that isn't sufficient to disrupt while the other side argues it is sufficient.

USC313

  • Sr. Citizen
  • ****
  • Posts: 125
    • View Profile
Re: Adverse Possession
« Reply #3 on: December 12, 2008, 10:23:41 PM »
Permissive use by the actual owner always disrupts adverse possession. However, what constitutes "permissive" varies by jurisdiction (in some, conduct can suffice; in others, a writing is required). To cover all your bases--go with a writing acknowledging the adverse possessers occupancy and that you, as true owner, grant them permission to continue.