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Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
The phrase originates in Roman law, appearing in the form neque ui neque clam neque precario in line 18 of the Lex Agraria on the Tabula Bembina, a statute passed in 111 BC. [2] The maxim appears to have been a widely recurring rider to the definition of property rights based on possessio (the form of interest in land arising from exercise of ...
adverse to the rights of the true property owner; hostile (i.e., in opposition to the claim of another; this can be accidental, not "hostile" in the common sense) continuous for a period of time defined by statute or appellate case law; Unlike fee simple adverse possession, prescriptive easements typically do not require exclusivity. In states ...
Anyone hoping to claim any one of thousands of foreclosed homes in Florida through adverse possession -- simply squatting on the land for several years to obtain title to the home -- are out of luck.
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