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Adverse Possession
C. The use or enjoyment of real property with a claim of right.
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Legal Definition -
1. The use or enjoyment of real property with a claim of right
when that use or enjoyment is continuous, exclusive, hostile, open and
notorious. 2. The doctrine by which title to real property is
acquired as a result of such use or enjoyment over a specified period of
time
Black's Law Dictionary® Eighth Edition ©
2004
Editor's Note -
Adverse Possession is also known in some civil law juridictions as
acquisitive prescription or colloquially known as squatter's
rights.
Current Usage -
"A bill that seeks to change a controversial land law in the aftermath
of a legal dispute between two Boulder couples is two votes away from
heading to the governor’s desk. House Bill 1148, which would overhaul the
law of adverse possession, is
scheduled for a second reading by the state Senate on Monday. If approved
Monday, the bill will be scheduled for a third and final vote by the Senate
and then move to Gov. Bill Ritter for final approval. It would go into
effect this summer. State law now allows trespassers to claim land after
using it openly and continuously for at least 18 years. The law caught the
attention of several lawmakers last fall after a Boulder District Court
judge awarded a portion of one of Don and Susie Kirlin’s vacant lots on
Hardscrabble Drive to neighbors Dick McLean and Edith Stevens. The bill,
which would add a “good faith” provision and other requirements to the
longtime legal doctrine, gained initial approval last month by a House vote
of 63-1."
Heath Urie, The Daily Camera March 21, 2008