AMJUR ADVERSE
SUM
3 Am.
JUL
2d Adverse Possession SummaryCorrelation Table
Summary'
American
Jurisprudence,
Second
Edition
Database updated November
20
I 0
Adverse
Possess
ron
Theresa Leming, J. D., Bill Lindsley, J.D., and Eric Surette, J.D.
Page 1
of665
Page I
AMJUR ACTION
GUIDEThis
article discusses the adverse possession
of
property, with discussion
of
the
nature, elements,
and
requisites
of
adverse possession, persons who may acquire title
by,
as well
as
persons
against whom title may
be
acquired by, adverse possession, particular types
of
property and estates affected by
principles
of
adverse possession, the operation
and
effect
of
such principles,
and
matters
of
practice
and
proced-
ure related to the subject.
Seop.:
This article discusses the adverse possession
of
property, with discussion
of
the
nature, elements,
and re-
quisites
of
adverse possession, persons who may acquire title
by,
as
well
as
persons against whom title
may be
acquired by, adverse possession, particular types
of
property and estates affected by principles
of
adverse pos
session,
the
operation
and
effect
of
such
priqciples,
and
matters
of
practice
and
procedure related
to
the subject.
Treated
Elsewhere:
Abandoned property, generally, see I Am.
JUL
2d, Abandoned, Lost and Unclaimed PropertyAdjoining landowners, prescriptive rights of, as to support
of
buildings or structures, water, snow
or
ice precipitating onto adjoining premises, and encroachments, see I Am.
JUL
2d, Adjoining Landowners
§§
46,
121
Advancements
of
land by parol gift, title necessary to complete, so as to render gift irrevocable, as acquir-able through donee's adverse possession for statutory period, see 3 Am.
JUL
2d, Advancements §
17
Boundaries, establishment by acts
of
parties, generally, see
12
Am.
JUL
2d, Boundaries
§§ 83
to 92Canals, acquisition
of
or perfection
of
title to land for, by adverse possession, see
13
Am.
JUL
2d, Canals § 7Champerty, conveyances
of
land held adversely as involving, see
14
Am.
JUL
2d, Champerty, Maintenance,and Barratry
§§
l2to
15
Color
of
Title Act, issuance by Secretary
of
the Interior
of
patent upon payment for certain public lands held
in
adverse possession under, see 63C Am. Jur. 2d, Public Lands § 43Community or separate property, property acquired by adverse possession
or
prescription as, see 15A Am.
JUL
2d, Community Property
§
26
Conversion action
as
maintainable against person claiming title to
land
based
on
adverse possession, see
18
Am. Jur. 2d, Conversion § 62Cotenants, inurement
of
title or interest adversely acquired, to, see 20 Am. Jur. 2d, Cotenancy and JointOwnership
§§
77, 78
Covenants
and
restrictions, effect
of
adverse possession on, see 20 Am.
Jur.
2d, Covenants, Conditions,
and
Restrictions §§ 62, 95Dedication by acquiescence
in
public use as distinguished from acquisition
of
rights by prescription, see
23
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AMJUR ADVERSE SUMPage 23 Am. Jur.
2d
Adverse Possession SummaryAm. Jur. 2d, Dedication § 34Devisability
of
property held
in
adverse possession by third person, generally, see
79
Am. Jur. 2d, Wills §
179
Easements: by prescription, generally, see
25
Am. Jur. 2d, Easements and Licenses
§§ 45
to 73; termination
of
easements by adverse possession, see 25 Am. Jur. 2d, Easements and Licenses § 119Ejectment action as affected by holding
of
property adverse possession, and adverse possession as defenseto suc action, see 25 Am. Jur. 2d, Ejectment
§§
II,
39Marketability
of
title to property held by adverse possession, generally, see 47 Am. Jur. 2d, Judicial Sales §262;
71
Am. Jur. 2d, Specific Performance § 124; 77 Am. Jur. 2d, Vendor and Purchaser
§§
164, 180,
181
Nations' acquisition
of
territory, application
of
law
of
prescription to, generally, see 45 Am. Jur. 2d, Interna-tional Law § 34Nuisance, prescription as defense to action for, see 58 Am. Jur. 2d, Nuisances
§§
458 et seq.Partition as remedy where property is held adversely, generally, see 59A Am. Jur. 2d, Partition § 90Pollution, prescriptive rights as to, see 61C Am. Jur. 2d, Pollution Control § 2076Prescriptive rights as to particular types
of
property, easements, or rights
of
way, see
12
Am. Jur. 2d, Boatsand Boating § 30; 35A Am. Jur. 2d, Ferries §
12;
39 Am. Jur. 2d, Highways, Streets, and Bridges
§§
24 to 32,
63
to 65; 45 Am. Jur. 2d, Irrigation
§§
3,4;
50 Am. Jur. 2d, Levees and Flood Control § 15;
65
Am. Jur. 2d, Railroads
§§
44, 50, 70; 59A Am. Jur. 2d, Party Walls
§§
18
to 20;
74
Am. Jur. 2d, Telecommunications §
10;
78
Am. Jur. 2d, Waters
§§
367 to 379;
79
Am. Jur. 2d, Wharves § 7Questions
of
law or fact, adverse possession issues as, see 75A Am. Jur. 2d, Trial
§§
771, 785Quiet title suit based
on
title arising from adverse possession, see
65
Am. Jur. 2d, Quieting Title and Determination
of
Adverse Claims § 36Replevin as available against person holding by adverse possession as result
of
severance
of
property fromland, see 66 Am. Jur. 2d, Replevin §
16
State boundaries, detennination
by
prescription
and
acquiescence, see 72 Am.
JUT.
2d, States, Territories,
and Dependencies § 29
Statute
of
frauds, possession attributable
to
purchaser's intention to hold land adversely
to
vendor's claim
of
possession as insufficient to establish part performance for purposes
of
doctrine
of
part performance
of
oralagreements within, see
73
Am. Jur. 2d, Statute
of
Frauds § 414Taxes: payment by person seeking to acquire title by adverse possession to support claim
of
title, see 72Am. Jur. 2d, State and Local Taxation § 1092; acquisition
of
jurisdiction by municipal corporation over territoryfor taxing purposes by prescription, see
72
Am. Jur. 2d, State and Local Taxation § 650; valid tax title as defeated by adverse possession for statutory period where purchaser fails to take possession when entitled to do so,see
72
Am. Jur. 2d, State and Local Taxation § 952; inability
of
person
in
adverse possession
of
land, assessedfor taxes thereon, to attack title
of
tax sale purchaser, see
72
Am. Jur. 2d, State and Local Taxation § 1032Trespass, right or one
in
adverse possession
ofland
to maintain action for, see
75
Am. Jur. 2d, Trespass §
41
Water or water rights, acquisition by adverse possession or prescription, see
78
Am. Jur. 2d, Waters
§§
367to 379Research References:West's Key
Number
Digest
West's Key Number Digest, Adverse Possession
West's Key Number Digest, Husband and Wife
~ 1 6
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AMJUR ADVERSE SUM3 Am. Jur. 2d Adverse Possession SummaryWest's Key Number Digest, Joint Tenancy
~ 9 ,
13
West's Key Number Digest, Judicial Sales
~ 3 2 ,
61
West's Key Number Digest, Landlord and Tenant
~ 1 4 ,
16
West's Key Number Digest, Life Estates
~ 8
West's Key Number Digest, Mortgages
~ 2 1 3 ,
214West's Key Number Digest, Parent and Child
~ 8
West's Key Number Digest, Trusts
~ 1 3 8 ,
139.1
A.L.R.
Library
A.L.R. Digest: Adverse PossessionA.L.R. Index: Adverse Possession
Trial
StrategyAcquisition
of
Title
to
Property
by
Adverse Possession, 39 Am. Jur. Proof
of
Facts 2d
261
Permissive Possession or Use
of
Land, 28 Am. Jur. Proof
of
Facts 2d
703
Mistaken Occupant's Right to Recovery for Improvements, 2 Am. Jur. Proof
of
Facts 2d 467
Forms
1A Am. Jur. Legal Forms 2d, Adverse Possession18 Am. Jur. Pleading and Practice Forms, Adverse Possession
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2010 Thomson Reuters. 33-348
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rights reserved.AMJUR ADVERSE SUMEND OF DOCUMENT
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2011
Thomson Reuters. No Claim
to
Orig.
US
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<