What is adverse possession?

Adverse possession is a legal term of real estate law in Arkansas that describes a situation when a person takes over a piece of property that is not theirs without the permission of the rightful owner. The main idea behind adverse possession is that if a person has openly used the land for a period of time, they may eventually be able to have full legal rights to the land if they can prove that they meet certain criteria. In Arkansas, a person wishing to claim adverse possession must be in continuous, uninterrupted possession of the land for an extended period of time. The period of time must be seven or more years with respect to real property or five or more years with respect to personal property. The person must also be using the property in a manner that reflects a real property owner. This includes making improvements to the property, regularly taking care of it, and paying taxes. If the person claiming adverse possession can show that they have met the requirements, they may gain legal ownership or title of the land. If the rightful owner disagrees, they can fight the claim in court. This is done by proving that the claimant has not met the legal requirements, or that the land was not openly used during the required time period. Ultimately, the court will decide who has the legal right to the property.

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What is adverse possession?

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