David Saks: David Saks ((retired))

David Saks - Real Estate Broker - The Real Estate Mart of Tennessee, Inc. - 4040 North Watkins-Suite #4 - Memphis, Tennessee 38127 - Phone (901) 357-4663

Adverse Possession : Hostile & Notorious But Legal

                                        adverse

What is this beast?

It's adverse possession.

Adverse possession is a means of, what we would call, involuntary transfer of property.

An individual can make a claim to a property, take possession of it and take the title away from the owner if the owner doesn't use the property for a period of years under the laws of involuntary alienation.

To claim adverse possession all of the following conditions must exist:

1. The claimant is Open about using the property.

2. The possession is Notorious and is known to other people.

3. The possession has been Continuous and without interuption.

4. The occupation is Hostile or without the consent of the owner.

5. The possession is Adverse or without the true owners occupation or possession.

In order to receive a title by adverse possession there has to be proof that there was no permission to use the property in question and that the use was open, notorious, exclusive and adverse for a period of years defined by statute.

These conditions are governed by state laws.

What kinds of experiences have you had with adverse possession?




David Saks



Time&Temp Memphis

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Comment balloon 6 commentsDavid Saks • April 29 2008 02:59AM
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