Editing Adverse possession (section)

==Description==
In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as [[ejectment]]. However, many legal systems courts recognize that once someone has occupied property without permission for a significant period of time without the property owner exercising their right to recover their property, not only is the original owner prevented from exercising their right to eject, but a new title to the property "springs up" in the adverse possessor. In effect, the adverse possessor becomes the property's new owner.{{sfnp|Merrill|Smith|2017|p=161}}{{efn|As described in the various "Requirements" sections, a number of conditions must be met in order for the adverse possessor to actually acquire title.}} Over time, legislatures created [[statutes of limitations]] setting a [[Statute of limitations|time limit]] for how long owners have to recover possession of their property from adverse possessors. In the United States, for example, these limitation periods vary widely between individual states, ranging from five years to 40 years for real property, or three to five years for personal property.{{sfnp|Merrill|Smith|2017|p=198}}

Although the elements of an adverse possession action differ by jurisdiction, a person claiming adverse possession in a common law system is usually required to prove non-permissive use of the property that is actual, open and notorious, exclusive, adverse and continuous for the statutory period.<ref>{{cite book |last=Black |first=Henry T. |title=Black's Law Dictionary |publisher=West Publishing Co. |location=St. Paul, MN |edition=fifth |date=1979 |page=49 |isbn=0829920455}}</ref>{{efn|"Adverse possession is a method of acquiring complete title to land as against all others, including the record owner, through certain acts over an uninterrupted period of time, as prescribed by statute". Gifis, Steven H. (1984) Barron's Law Dictionary, page 14; "An open, notorious, exclusive and adverse possession for twenty years operates to convey a complete title...not only an interest in the land...but complete dominion over it." Sir William Blackstone (1759), ''Commentaries on the Laws of England'', Volume 2, page 418.}} The possession by a person is not adverse during periods when they are in possession as a [[Tenancy|tenant]] or licensee of the legal owner.

Civil Law jurisdictions may recognize a similar right of ''acquisitive prescription''. For example, the French Code Civil 2258 et. seq. recognizes that title may be acquired through thirty years of "continuous and uninterrupted possession which is peaceful, public, unequivocal, and as owner." It is related to the Roman law concept of [[usucaption]] or [[usucapio]].<ref>{{cite journal |last=Sherman |first=Charles P. |date=December 1911 |title=Acquisitive Prescription. Its Existing World-Wide Uniformity |url=http://dx.doi.org/10.2307/783887 |journal=The Yale Law Journal |volume=21 |issue=2 |pages=147–156 |doi=10.2307/783887 |jstor=783887 |issn=0044-0094}}</ref><ref>{{cite web |title=Chapitre II: De la prescription acquisitive. (Articles 2258 à 2277) - Légifrance |url=https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006070721/LEGISCTA000019015513/2021-09-17/ |access-date=2024-09-21 |website=www.legifrance.gouv.fr}}</ref>

In Denmark, the concept was first mentioned as "Hævd" in [[Jyske Lov]] in 1241, though only regulating between peasants and the church, with an asymmetric time limit of 30 years for the church, and 40 years for the peasant. In 1475, the 40 year limit was ruled to apply between farmers as well. In 1547 (after the [[Reformation in Denmark–Norway and Holstein|Reformation]]) a rule was passed to change this to 20 years for everyone. The rule was later adopted into [[Danske Lov|the Danish Code]], published in 1683, this specific part still being in force today. [[Norwegian Code|The Norwegian Code]] from 1688, also contains a similar provision.<ref>{{cite web |last1=Vagner |first1=Hans Henrik |last2=Jørgensen |first2=Jens Ulf |date=31 January 2009 |title=hævd – Den Store Danske |url=https://denstoredanske.lex.dk/h%C3%A6vd |access-date=30 September 2024 |website=[[Den Store Danske Encyklopædi|Lex – Danmarks Nationalleksikon]]}}</ref>

[[Personal property]], traditionally known as chattel, may also be adversely possessed, but owing to the differences in the nature of real and chattel property, the rules governing such claims are rather more stringent, and favour the legal owner rather than the adverse possessor. Claims for adverse possession of chattel often involve [[works of art]].