According to attorney Harry J. Garrity, government bodies favor the use of land over disuse.An article by Harvard Law School's William C. Marra mentions this reasoning, as well as four related theories, including the issue of _quiet title._ And the trespasser doesn’t need to intend to take the land by adverse possession. 2000.
Adverse Possession Defined and Explained with Examples. 18-11-106. Adverse possession is the legal concept of essentially trespassing continuously on someone else’s property until you make it your own. Understanding Adverse Possession in Arkansas Hostile Claim. Through adverse possession, a trespasser can gain ownership of just a few feet of property or hundreds of acres. Color of title, payment of taxes, and a showing that the true owner has not paid taxes are statutory requirements for adverse possession in Arkansas. Latovick, Paula R. 1998. "Adverse Possession of Municipal Land: It's Time to Protect This Valuable Asset." Adverse Possession in Arkansas FAQ First, adverse possession (also known as “squatter’s rights”) is a legal principle that applies when a person who does not have legal title to a piece of property—usually land (real property)—attempts to claim legal ownership based upon a history of possession or occupation of the land without the permission of its legal owner. Continuous Possession:Occupying the property without interruption, except for short absences for such activities as work and shopping. Arkansas Adverse Possession Laws at a Glance Under Arkansas law, a continuous trespasser must occupy a given property for at least seven successive years and pay property taxes. Arkansas's 1997 statute revisions are part of a move by several states, Alaska and New York among them, to sufficiently revise and toughen up adverse possession requirements to limit successful claims to such relatively minor issues as a homeowner who mistakenly builds a fence on his neighbor's property. Under Arkansas code § 18-11-201, one who holds color of title and pays taxes for seven years of “unimproved and unenclosed” property is deemed to be in possession. The number of years required to claim adverse possession in Kentucky is 15 years. What is Adverse Possession? The Arkansas statutes applicable to adverse possession divide property into two types: contiguous and noncontiguous. Adverse possession is a principle of real estate law that allows a person who possesses land belonging to another person for an extended period of time, to claim legal ownership of the land. Adverse possession, in Arkansas, states that someone can obtain property if he pays taxes on property adjacent to that being claimed by adverse possession, holds color of title to that Spitler, William Hayden.
The list of requirements for establishing title by adverse possession in Arkansas is longer than that of some jurisdictions because, while it has been generated over hundreds of years by the common law, it also has been added to by very specific Arkansas statutes, most notably A.C.A. This can also happen when a person discovers a seemingly abandoned property and decides to live on it as a squatter. Rather, the courts have established a variety of such factors over many decades of issuing decisions in individual cases.
These are: Actual Possession:Physically present and occupying the property as an owner.