Hostile possession refers to the occupation and control of another person’s property without permission, typically with the intention of claiming ownership rights. In legal terms, hostility does not necessarily imply aggression or animosity but rather the assertion of a claim adverse to the true owner’s interests. Hostile possession can occur openly, continuously, and notoriously, putting the true owner on notice of the adverse claim. Depending on the jurisdiction, hostile possession may eventually lead to the acquisition of title through adverse possession if certain statutory requirements, such as a prescribed period of continuous occupation and payment of property taxes, are met. However, the specifics of adverse possession laws vary by jurisdiction, and the requirements for a successful claim must be carefully considered.
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This glossary post was last updated: 29th March, 2024.
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