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Adverse Possession

Adverse possession is a legal concept that allows a person who is not the legal owner of a property to gain ownership of the property by taking exclusive control over it for a defined period of time. Adverse possession matters because it can be used to acquire title to land or other property without having to go through the traditional legal process of buying or inheriting it. Adverse possession matters because, if successful, it can provide a way for someone to obtain title to property without having to purchase it or inherit it from another person. In some cases, it can be used as a tool to circumvent existing laws or regulations that restrict the use or sale of certain types of property. If exercised incorrectly, adverse possession may have adverse effects on the interests of the existing landowner. Some adverse possession matters are more clear-cut than others because all adverse possession matters are governed by particular rules and regulations.

Adverse possession matters are determined based on state law, so adverse possession laws can vary from location to location. Adverse possession cases also often involve complicated legal questions that require an analysis of both adverse possession laws and other areas of law, including property law, real estate law, civil procedure, local ordinances, zoning codes, taxation laws*, probate law*, title law*, constitutional provisions*, judicial precedent* and contract law*. As with any case involving multiple legal issues, adverse possession cases can be quite complex and difficult to resolve; however adverse possession is a concept that has been around for centuries and, in most cases, the legal principles underlying adverse possession are well-settled.

In order to establish adverse possession, the claimant must meet four basic requirements: 

1) The claimant must have occupied the property exclusively;

2) The claimant must have done so openly and notoriously;

3) The claimant must have done so without the consent of the legal owner; and

4) The claimant must have done so for a period of time that is defined by state law.
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