ANSWERS: 1
  • People use the phrase "squatters rights" to refer to the doctrine of adverse possession. This is the process by which a "squatter" (i.e. an occupier without permission) can acquire convert is possessory title into something more certain, like a fee simple. The traditional requirement common to most common law jurisdictions is continuous and open use for a long period of time. The occupier's conduct must be "nec vi, nec clam, nec precario" (not with force, nor by secrecy, nor with license of the owner). In addition, statutes in some jurisdictions may also impose requirements on the payment of taxes for the period of occupancy. It follows from the above that you can't assert adverse possession of a house you forcibly broke into, nor do so where an owner has acquiesced or given permission for you to stay. You can also acquire easements through adverse possession, though this is called acquiring an easement by prescription. The exact length of time required varies from place to place. Adverse possession is also generally not allowed on state or crown land. Additionally, in Minnesota and Hawaii where some (rather old and unreformed) Torrens title systems are in place adverse possession is incompatible with registered land. In Australia, homeland of the Torrens system, adverse possession has be re-inserted into Torrens title legislation. Adverse possession is seen as the manifestation of the policy that the law rewards those who use the land.

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