Adverse Possession

Paper Summary:

The writer of this paper explores the legal ramifications of adverse possession and the 5th amendment, while arguing that the government does not have the right to take over property through the use of adverse possession rules. The writer defines adverse possession as the act of taking the title to land or real property through the act of physical occupation. This paper cites several court cases and legal arguments regarding adverse possession by the government, against a private land owner. This paper examines the law, which varies, in different states relating to this specific topic. The writer contends and explains why a case of adverse possession can be understood when it comes to private parties, but in the case of the government taking over land, there are objections. This paper details the five essential components needed to claim adverse possession. This paper also discusses the 5th Amendment which states that private property may only be taken for public use if just compensation is paid.

Table of Contents:
Introduction
What is Adverse Possession?
References
Cases

From the Paper:

"Adverse possession can only be done if the land owner did not give permission for h the land to be used. If the owner gives permission that makes the person or entity using the land a tenant and that is not something that adverse possession can apply to. Adverse possession is only allowed if there is no permission given and the person or entity simply squats on the land illegally as a trespasser for a certain amount of time. Adverse possession is in and of itself an act of illegal trespassing and aggression, and not something the government has the right to do. One expert explains adverse possession as: "As I've said before, adverse possession turns a trespasser into a true owner. The legal claim is based on the 20-year statute of limitation for filing suit to recover land. If the original owner doesn't sue within 20 years to kick somebody off his or her property, the intruder becomes the owner and can kick the old owner off."

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