Also known as: adverse · adversely · hostile · hostilely · adverse possession · hostile use
Written by attorneys · grounded in primary & secondary sources — see below
An element of adverse possession requiring that the claimant's use of land occur without the owner's permission. The use satisfies this element when it proceeds under a claim of right inconsistent with the record owner's title.
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Andre Antoine contracted to sell land to Angela Acosta. A recorded but unreleased mortgage from a prior owner remained on the title. Acosta refused to close, asserting that the lien created an adverse claim rendering title unmarketable. The court permitted rescission because a reasonably prudent purchaser would not accept title subject to that outstanding encumbrance.
Audrey Ashton introduced only selected pages of a deposition at trial. Amelia Amari, the adverse party, demanded introduction of additional pages that placed the excerpts in context. The court required the full relevant portions to be read so the jury could fairly evaluate the testimony.
Anthony Arnold cross-examined a witness about an earlier written statement without first showing the document. When the adverse party's attorney requested it, Arnold disclosed the contents. The court permitted the examination to continue once the disclosure occurred.
Alexandra Armstrong left a firm that had represented a client. The remaining lawyers sought to represent a person with materially adverse interests in a substantially related matter. Because protected information remained in the firm, the court disqualified the entire firm absent informed consent.
Anchor Bank occupied a strip of land belonging to Alliance Holdings under a mistaken boundary belief. The use continued openly and without permission for the statutory period. The court held the possession hostile, allowing tacking and quieting title in the bank.
Artemis Logistics and Argonaut Shipping contracted for the sale of equipment based on the shared assumption that the equipment could handle a specific cargo volume. Discovery after formation revealed the assumption was false and materially affected the exchange. The adversely affected party voided the contract.
The claimant must prove use of the land without permission from the true owner and under a claim of right inconsistent with the record title. Permission from the owner defeats hostility.
Yes. Courts treat possession under a good-faith belief that the land belongs to the claimant as hostile even though the belief is mistaken.
Seasonal use satisfies continuity when it matches the nature and character of the property and occurs without a break in the required mental attitude.
…provisions of the ordinance. Decisions of the inspector of buildings may be appealed to the board by any person claiming to be adversely affected by any such decision. The board is given power in specific cases of practical difficulty or unnecessary hardship to interpret the ordinance in harmony with its general purpose and…