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Real Property β’ Adverse Possession
PROP#153
Legal Definition
Government-owned land cannot be adversely possessed.
Plain English Explanation
Nearly every person who learns about adverse possession immediately fantasizes about exploring deep into the woods of a national park and setting up a cottage. After all, it's not like the government has the resources to check every square inch of property it owns, right?
Alas, there is some famous common law Latin to address this problem: "Nullum tempus occurrit regi", which translates to "No time runs against the king". In other words, governments are the ultimate sovereigns, and citizens have no right to adversely possess government land, no matter how long they may meet all of the elements of an otherwise successful claim for adverse possession.
Alas, there is some famous common law Latin to address this problem: "Nullum tempus occurrit regi", which translates to "No time runs against the king". In other words, governments are the ultimate sovereigns, and citizens have no right to adversely possess government land, no matter how long they may meet all of the elements of an otherwise successful claim for adverse possession.
Related Concepts
How do adverse possession claims affect covenants?
How do adverse possession claims affect future interests?
How does a land owner's disability affect an adverse possession claim?
In assessing a claim of adverse possession, how is the "actual and exclusive" requirement satisfied?
In assessing a claim of adverse possession, how is the "adverse or hostile" requirement satisfied?
In assessing a claim of adverse possession, how is the "continuous" requirement satisfied?
In assessing a claim of adverse possession, how is the "open and notorious" requirement satisfied?
What is required to successfully establish a claim of adverse possession?