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Adverse possession
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===Requirements=== The party seeking title by adverse possession may be called the ''[[disseisor]]'', meaning one who dispossesses the true owner of the property.<ref name="larson">{{cite web |title=Adverse possession |url=https://www.britannica.com/topic/adverse-possession |website=Encyclopedia Britannica |access-date=29 September 2017}}</ref> Although the elements of an adverse possession claim may be different in a number of states, adverse possession requires at a minimum five basic conditions being met to perfect the title of the disseisor. These are that the disseisor must openly occupy the property exclusively, in a manner that is open and notorious, continuously, and use it as if it were their own in a manner expected for the type of property.<ref>{{cite web |last=Larson |first=Aaron |title=Adverse Possession |url=https://www.expertlaw.com/library/real_estate/adverse_possession.html |access-date=29 September 2017 |date=17 January 2015}}</ref> Some states impose additional requirements. Many of the states have enacted statutes regulating the rules of adverse possession.<ref name="ALTA">{{cite web |title=Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River |url=https://www.alta.org/news/news.cfm?20160301-Analyzing-Adverse-Possession-Laws-and-Cases-of-the-States-East-of-the-Mississippi-River |website=American Land Title Association |access-date=22 January 2018 |date=1 March 2016}}</ref> Some states require a hostility requirement to secure adverse possession. While most states take an objective approach to the hostility requirement, some states require a showing of good faith. Good faith means that claimants must demonstrate that they had some basis to believe that they actually owned the property at issue. Four states east of the Mississippi that require good faith in some form are Georgia, Illinois, New York, and Wisconsin.<ref name="ALTA"/> ====Additional requirements==== In addition to the basic elements of an adverse possession case, state law may require one or more additional elements to be proved by a person claiming adverse possession. Depending upon the state, additional requirements may include: *[[Color of title]], claim of title, or claim of right. Color of title and claim of title involve a legal document that appears (incorrectly) to give the disseisor title.<ref name="ccp323">{{cite web |title=California Code of Civil Procedure Β§ 323 |url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=323. |website=California Legislative Information |publisher=[[California Office of Legislative Counsel]] |access-date=29 September 2017|date=1872}}</ref> In some jurisdictions the mere intent to take the land as one's own may constitute "claim of right", with no documentation required.{{Citation needed|date=May 2011}} Other cases have determined that a claim of right exists if the person believes they have rightful claim to the property, even if that belief is mistaken.<ref>See, e.g., {{cite web |title=North American Oil Consol. v. Burnet, 286 US 417 (1932) |url=https://scholar.google.com/scholar_case?case=8752680588624533229 |website=Google Scholar |access-date=29 September 2017}}</ref> A negative example would be a timber thief who sneaks onto a property, cuts [[timber]] not visible from the road, and hauls the logs away at night. Their actions, though they demonstrate actual possession, also demonstrate knowledge of guilt, as opposed to claim of right. *Good faith (in a minority of states) or bad faith (sometimes called the "Maine Doctrine" although it is now abolished in [[Maine]])<ref>{{cite web |title=Dombkowski v. Ferland, 2006 ME 24, 893 A.2d 599 (2006) |url=https://scholar.google.com/scholar_case?case=16400095992802892129 |website=Google Scholar |access-date=29 September 2017}}</ref> *Improvement, cultivation, or enclosure<ref name="ccp323"/><ref>{{cite web |title=California Code of Civil Procedure Β§ 325 |url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=325. |website=California Legislative Information|publisher=[[California Office of Legislative Counsel]] |access-date=29 September 2017 |date=9 July 2010}}</ref> *Payment of [[property tax]]es. This may be required by statute, such as in [[California]],<ref>{{cite web |title=California Code of Civil Procedure Β§ 325(b) |url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=325. |website=California Legislative Information |publisher=[[California Office of Legislative Counsel]] |access-date=29 September 2017 |date=9 July 2010}}</ref> or just a contributing element to a court's determination of possession. Both payment by the disseisor and by the true owner are relevant. *Dispossession of land owned by a governmental entity: Generally, a disseisor cannot dispossess land legally owned by a government entity even if all other elements of adverse possession are met. One exception is when the government entity is acting like a business rather than a government entity.<ref name="larson"/>
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