Adverse Possession

Adverse Possession

Adverse possession is the possession of property in denial and opposition to the title of another not in possession. Title may be obtained by a person who is not the record or legal owner through adverse possession because the legal owner fails to bring an action for ejectment of an aderse possessor within the time required by state law. Normally, the adverse possession must be hostile; under claim of right; actual, open and notorious; exclusive and continuous. One co-owner can not adversely possess against another co-owner because each co-owner has a right of possession. Additionally, a person can not adversely possess against any governmental entity.

Statewide Title Services, Inc.

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