The Doctrine of Adverse Possession: Gaining or losing land by conquest.
Last month we covered the Doctrine of Title by Acquiescence. T he law of acquiescence pertains to adjoining property owners who are either mistaken where the line between properties are, or agree that a fence or barrier that is not on the legal boundary line is to be considered the legal boundary line. So, under the law of acquiescence, land can be gained or lost by mistake or by agreement. Another doctrine where land can be gained or lost is the Doctrine of Adverse Possession, sometimes referred to as “squatter’s rights”. Adverse Possession occurs where a person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met. It arises from English common law, where land in England was continuously changing hands not via purchases, but conquest, pillage, theft, etc. The theory was that if you could sho...