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In order to have a legitimate adverse possession claim, a trespasser must also prove four additional elements: There must be a ?hostile? claim: the trespasser must either. ... There must be actual possession: the trespasser must be physically present on the land, treating it as his or her own;
A quiet title lawsuit allows you to bring your case to court and have the judge decide who owns the land. The judge's decision will ?quiet? the title to the land and resolve disputes between the parties. Once a court decides a quiet title action, the loser cannot continue to make claims to the property.
Color of title refers to a document or other instrument that appears to be a legitimate claim of title to a piece of land, but due to a title defect, cannot transfer or convey ownership.
Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.
Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.