Adverse Possession
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
In the law of titles. The possession of lands for a certain length of time adversely, or in opposition to the title of another; the possession of a person claiming under a title, or under color of a title adverse to, or inconsistent with that of another claimant who is out of possession.* To make a possession adverse, so as to constitute a bar to the assertion of a legal title by the owner of it, or by one against whom the adverse occupant brings ejectment, it must be an actual, continued, visible, notorious, distinct and hostile pos< session.
Duncan, J., 6 Serg. d: Rawle, 21 2 Smith's Lead. Cos. (Am. ed.) 416, note.
A possession, to be adverse, must be incon< sistent with the title of the claimant who is out of possession; it must be accompanied with a claim of title, exclusive of the rights of all others, and must be definite, notorious and continued for the period of twenty years.
24 Wendell's R. 587. See 1 Burr. 00 2 Smith's Lead. Cos. 396. 2 Joe. d: Walk 1, 189, 140. 8 Cranch JR. 462. 1 Whemton^sR 59, 5 Peters' B. 4^02. derhe'aN.Y, Digetty Adverse possession.
Adversary is used for adverse, by Marshall, C. J., 8 CVancA, 462, and Story, J., 7 trheat<m,59.