TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P17

Gale Encyclopedia of American Law Volume 1 P17 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 148 ADVICE AND CONSENT An accidental casual secret or permissive entry is ineffective. While the entry must be notorious it must also be peaceable to prevent violence and warfare which might otherwise result. The payment of real estate taxes by the owner while demonstrating that he or she has not abandoned land is not considered to have any impact on continuous possession. The adverse claimant may destroy his or her continuous possession by abandoning the land or giving it to someone else even the owner before the time at which title to it would vest. It does not matter how long or brief the abandonment is as long as it was intentional. A temporary absence from the land is not the same as an abandonment and has no effect on the occupancy provided it is for a reasonable period of time. Statutory Period The time period of the statute of limitations that must expire before title can be acquired by adverse possession varies from state to state. No statute will begin to run until the adverse claimant actually possesses the property in question under color of title or claim of right where necessary. As of that time the landowner is entitled to bring a lawsuit against the possessor to recover the property. The adverse possessor must occupy the property for the full statutory period. In jurisdictions that also require color of title it must coexist with possession for the complete period. If the statute of limitations has been suspended for example because there is a lawsuit pending between the owner and the claimant or the owner is insane an infant or serving in the armed services that amount of time will not be counted toward the time necessary for the acquisition of title. Acquired Title Once adverse possession is completed the claimant has full legal title to the property. The expiration of the statutory period eliminates any cause of action or liability for ejectment or trespass regarding the new owner s prior unlawful possession of the property. Once the time period

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