Adverse Enjoyment is a legal term referring to the continuous and uninterrupted use or possession of another person’s property without their permission, which can eventually lead to the acquisition of legal rights over that property. This concept typically arises in real estate law, where an individual openly and notoriously occupies someone else’s land for a specified period of time, usually prescribed by statute, and meets other legal requirements such as exclusivity, hostility, and continuous use. Adverse Enjoyment allows the occupier to claim ownership or certain rights over the property, even if they do not hold the legal title.
Adverse possession, also known as adverse enjoyment, is a legal concept that allows a person to gain ownership of someone else’s property by openly and continuously using it without the owner’s permission for a specified period of time. The person claiming adverse possession must demonstrate exclusive possession, actual occupation, open and notorious use, and continuous use of the property for a statutory period, which varies by jurisdiction. If these requirements are met, the person may be able to acquire legal title to the property, extinguishing the rights of the original owner. However, adverse possession laws differ among jurisdictions, and specific requirements and timeframes may vary. It is important to consult local laws and seek legal advice to understand the specific requirements and limitations of adverse possession in a particular jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/adverse-enjoyment/
- Modern Language Association (MLA):Adverse Enjoyment. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/adverse-enjoyment/.
- Chicago Manual of Style (CMS):Adverse Enjoyment. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/adverse-enjoyment/ (accessed: May 09 2024).
- American Psychological Association (APA):Adverse Enjoyment. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/adverse-enjoyment/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts