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Home » Examining Adverse Possession in the United States
The doctrine of adverse possession has a particular fascination for me, but interest in this topic goes far beyond the surveying profession. Attorneys, employees of government agencies and the general public all become enthusiastic when squatters’ rights or trespass are mentioned. Many surveyors and attorneys have a good working knowledge of the basic principles involved, but beyond these building blocks exists a broad range of complex, confusing, and sometimes contradictory precedent that is unique to every jurisdiction.
In researching common and statutory law for this book, I have tried where possible to emphasize cases that either set or follow established precedent. However, some opinions that have been superseded by statutory authority or overturned by later cases are included to illustrate contentious issues. These contrary opinions are clearly indicated as such, and the chronological presentation of opinions allows the reader to develop a feel for the strength of the current positions on various elements of the doctrine in each state.