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Answered Question
Q
Max B
We learned all different rules about the "hostility" element of Adverse Possession and now I'm totally confused. What's the rule?
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A
Answered by: Lawyer Up
 
Different jurisdictions have very different rules on "hostility" for purposes of adverse possession. Some jurisdictions require that to meet this element, that the trespasser (the guy who is trying to adversely possess the property) simply not have permission. In these jurisdictions, it doesn't matter whether the trespasser knows that he's on someone else's land. Other jurisdictions require that the trespasser knew that he did NOT have permission. Still other jurisdictions require that the trespasser be acting innocently, and that he thought he DID have permission.

There are public policy reasons behind which point of view a jurisdiction may take. Your job is just to be organized on your outline and be clear on an essay that whether or not someone is successful at using AP may depend on what that jurisdiction requires for hostility.
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TAGS:  property, adverse possession, jurisdiction, hostility
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