Adverse Possession

Adverse Possession Adverse possession is the taking of title to real estate by possessing it for a certain period of time. Title means ownership of real estate. The person claiming title to real estate by adverse possession must have actual possession of it that is open, notorious, exclusive and adverse to the claims of other persons to the title. By its very nature, a claim of adverse possession is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one's claim for possession of the real estate.

New Mexico: In New Mexico, the duration of such possession is ten (10) years. New Mexico Code §37-1-22.

From: http://www.lawchek.com/resources/forms/que/advposs.htm (viewed on 10/08/08)

Adverse possession is more complicated in Canada than in the US, has a different legal effect and it is not common.

Generally, the claimant doesn't gain title to the property but the owner loses the right to sue after 10 years and the squatter only gets to occupy the land. They do not acquire any title. For that reason some think it should be more accurately called adverse occupation. The limit for prescriptive rights (personal, as in a right of way) is 20 years. Also, there are several overlapping statutes that apply and conflict in some cases. It takes occupation for 60 years to gain the right to occupy "Crown Lands". Adverse possession is rarely accomplished by deliberate encroachment. Rather, an adverse possessor must have acted in the belief that he or she owns the land.

In Ontario, there are several statutes which apply:

• Limitations Act. R.S.O. 1990, c. L-15 (see s.15 and s.3)
• Land Titles Act. R.S.O. 1990, c. C.6, s. 3.
• Certification of Titles Act. R.S.O. 1990, c. C-6, s. 4(2)

Ontario maintains two separate paper based systems for recording owners of land: the Registry System and the Land Titles System. Land registered in the Land Titles system is immune from adverse possession. In order to be vulnerable to an adverse possession claim the property must be in the Registry system.

Over the last few years, there has been an official program in Ontario to convert all land registration to the Land Titles System under an electronic program called POLARIS ( Province of Ontario Land Registration and Information System). During the conversion process, the 'old' paper registry records are converted to an electronic system. As land is entered to the Land Titles System, any existing disputes are addressed, the clock for adverse possession stops running and future claims of adverse possession are barred. As time passes claims for adverse possession will diminish and eventually disappear.

The court of jurisdiction for matters concenring adverse possession is the Superior Court of Justice.

Some people will have you believe that Ohio Mechanic's liens are relatively easy to do. The answer is that they really aren't that easy. They are far more complex than merely "filling out a form." The statute, ORC 1311.01 has separate sections for private "commercial" projects, public projects, residential projects and oil and gas wells. In addition, there are hundreds of court opinions interpreting the statute, some of which conflict from county to county. Assuming that the project was not residential, gas and oil or public and there is no enforceable prohibition from filing a lien in the contract, the procedure is as follows:

1. Before you start work on the project, obtain the Notice of Commencement, if one was filed and serve your notice of furnishing on all required parties (this will be the project "owner" if you are not an original contractor and if you are a subcontractor or supplier not in direct contract with the original contractor, you will also have to serve the original contractor).
2. Within 75 days of your last work on the project (be careful if you are considering punchlist as your last day of work, because there are some prohibitions to consider) (60 days on a "residential" project--subject to a possible paid in full defense, 120 days on a public project or oil and gas well) file your affidavit for lien with the county recorder or recorders (if the project crossed county lines, yes some actually do) for the county or counties where the project is located.
3. Within 30 days after you filed the lien, serve it on the project owner (for example, this could be the property owner or a lessee) (this is important and forgotten by people who don't regularly file Ohio mechanic's liens--forgetting to do this will make your lien void)
4. Hopefully, you will be paid what you are owed and you will have to release or satisfy the lien.
5. If you don't get paid, your lien will last until the 6th anniversary of the date you filed it. If you haven't filed a lawsuit to foreclose the lien by then, it will expire. Ohio mechanic's liens cannot be renewed or revived.

Mechanic's liens really are very technical and even the smallest defect can cost you the lien. If you need to file a mechanic's lien in Ohio (or any state for that matter) please contact a construction lawyer who understands mechanic's liens. For more information, check my website, I have several articles and videos about your mechanic's lien right.

Abrogate means 'to repel, annul, or cancel' and is used with reference to laws, rules, treaties, and other formal agreements

Read more: abrogate

Since demonic possession is not something that can be proven or disproven, people have different views and opinions about whether it is fake or real. Here are some opinions:

• As a Christian, I believe demonic possession is real, but there is also demonic oppression, which is not possession, but influence over humans.

I would say generally, no. Most statutes require "actual" rather than "constructive" possession. You may want to re-submit with your specific state in the question.

In California, it turns out, possession may be through your tenant. We just won our case and gained title through adverse possession where our tenant has occupied the property for the past 10 years. Case law establishes that occupancy by a tenant of the "adverse possessor" has the same legal force and effect as the occupancy by the person claiming by adverse possession. Kellogg v. Huffman (1934) 137 Cal. App. 278,284.

Congratulations! As I indicated, statutes are state specific. While you are on the "left" coast, I am on the "right" coast where things tend to be interpreted more conservatively. Thank you for the updated response.

Generally the period for adverse possession is fifteen years unless the owner is under some sort of disability such as infancy, imprisonment or other types. In that case the time is twenty five years.

§ 8.01-236. Limitation of entry on or action for land.

No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first accrued to such person or to some other person through whom he claims; provided that an action for unlawful entry or detainer under § 8.01-124 shall be brought within three years after such entry or detainer.

(Code 1950, § 8-5; 1954, c. 604; 1977, c. 617; 1978, c. 471.)

§ 8.01-237. Effect of disabilities upon right of entry on, or action for, land.

Notwithstanding the provisions of subsection A of § 8.01-229, no disabilities or tacking of disabilities shall preserve to any person or his successors a right to make entry on or bring an action to recover land for more than twenty-five years after such right first accrued, although such person or persons shall have been disabled during the whole of such twenty-five years.

(Code 1950, §§ 8-7, 8-8; 1977, c. 617.)