What is "adverse possession"

Adverse \Ad"verse\, a. [OE. advers, OF. avers, advers, fr. L. adversus, p. p. advertere to turn to. See Advert.]

1. Acting against, or in a contrary direction; opposed; contrary; opposite; conflicting; as, adverse winds; an adverse party; a spirit adverse to distinctions of caste.

2. Opposite. ``Calpe's adverse height.''
   --Byron.

3. In hostile opposition to; unfavorable; unpropitious; contrary to one's wishes; unfortunate; calamitous; afflictive; hurtful; as, adverse fates, adverse circumstances, things adverse.

   Happy were it for us all if we bore prosperity as well and wisely as we endure an adverse fortune.
   --Southey.

   Adverse possession (Law), a possession of real property avowedly contrary to some claim of title in another person.
   --Abbott.

   Syn: Averse; reluctant; unwilling. See Averse.

n. (context legal English): A means of acquiring title to another's real property without compensation by occupying the property in a manner that is actual, open and notorious, exclusive, hostile, under cover of claim or right, and continuous for a certain number of years.

Adverse possession is a method of acquiring title to real property by possession for a statutory period under certain conditions, viz: proof of non-permissive use which is actual, open and notorious, exclusive, adverse, and continuous for the statutory period. It is governed by statute concerning the title to real property (land and the fixed structures built upon it). By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified period. For example, squatter's rights are a specific form of adverse possession.

The circumstances in which adverse possession arises determine the type of title acquired by the disseisor (the one who obtains the title from the original owner), which may be fee simple title, mineral rights, or another interest in real property. Adverse possession's origins are based both in statutory actions and in common law precepts, so the details concerning adverse possession actions vary by jurisdiction. The required period of uninterrupted possession is governed by the statute of limitations. Other elements of adverse possession are judicial constructs.

Chattel property may also be adversely possessed, but owing to the vast differences between real and chattel property, the rules respecting such attempt are rather more stringent, favoring the original owner rather than the adverse possessor/disseisor; such rules find particular application respecting works of art.