Also known as: adverse possession · hostile possession · adverse possessor · hostile possessor · adverse poss. · hostile poss.
Written by attorneys · grounded in primary & secondary sources — see below
The requirement in adverse possession that the claimant's use of land occur without the true owner's permission and inconsistent with the owner's legal rights. Under the majority objective view this element is satisfied whenever the use proceeds without consent. Some jurisdictions add a good-faith or bad-faith overlay to the same requirement.
Hakeem Harris entered a neighbor's vacant lot believing it was part of his own parcel and began maintaining a drainage ditch across it. The lot was already burdened by a recorded covenant requiring contribution to a shared road. After the statutory period, Harris's hostile use ripened into title, and the covenant burden automatically attached to his new ownership.
Harper Hill and her predecessors planted crops and built a shed on a strip they thought belonged to their farm because of an old survey stake. The true owner never gave permission. The good-faith mistaken belief satisfied the hostile element and allowed tacking of successive periods to meet the statutory requirement.
Select any source to read its text and confirm it supports the definition.
Hana Huang occupied a parcel continuously and exclusively for the statutory period under a claim of right with no permission from the record owner. When the period expired, title transferred to Huang by operation of law without any deed from the prior owner.
Hugo Hart began adversely possessing a benefited parcel but had not yet acquired title. An affirmative covenant required maintenance contributions from possessors of the benefited land. The covenant benefit did not run to Hart until he satisfied the additional conditions in the applicable section governing adverse possessors.
Hilda Hernandez purchased paintings that had been stolen years earlier. The prior owner sued for replevin after the limitations period. The purchaser's open possession without permission from the true owner satisfied the hostile element and barred the owner's claim.
Hope Howard's predecessor took possession of an abandoned railroad corridor under a claim of right and used it openly for farming. The United States later asserted an interest. The predecessor's hostile and continuous use for the statutory period transferred title by adverse possession.
The majority view requires only that the use occur without the true owner's permission and be inconsistent with the owner's rights. Permission from the owner defeats the element. No showing of bad faith or intent to oust is needed.
Yes. When successive possessors use land under a good-faith belief that it is their own because of a mistaken boundary, the hostile element is met and tacking is permitted.
Yes. An appurtenant burden or benefit of a servitude generally runs to an adverse possessor who acquires title, unless the servitude terms provide otherwise.
…were stolen from a New York art gallery in 1946. Snyder asserted he was a purchaser for value of the paintings, he had title by adverse possession, and O'Keeffe's action was barred by the expiration of the six-year period of limitations provided by N.J.S.A. 2A:14-1 pertaining to an action in replevin. Snyder impleaded third party…