Personal Injury and the Law of Torts for Paralegals (Aspen Paralegal Series) by Emily Lynch Morissette

Author:Emily Lynch Morissette
Language: eng
Format: mobi, pdf
Publisher: Wolters Kluwer
Published: 2017-03-12T00:00:00+00:00

Sidebar: When Trespassing to Land

Becomes Adverse Possession

Absentee landowners might find that their land has been subject to more than a trespass and may actually be adversely possessed by the trespasser. Adverse possession is not technically considered an intentional tort, but rather part of property law. The reason for this disparity is that public policy is that land should be used. If a property owner does nothing to protect his land for the statutory period (frequently seven years, though the length of time varies by state), then public policy is that the land should belong to the person making use of the land.

To adversely possess land, a trespasser has to go further than trespassing. The trespasser has to take actual possession of the land and physically be on the land. He cannot share his use of the land with members of the general public. His presence on the land has to be easily visible. He must act as if he is the sole owner of the land. Finally, he has to meet all these elements continuously for the state’s statutory period.

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