Concept
Requirements
Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Such is the case here. Therefore, the 1997 letter was
"There is sufficient evidence in the record that plaintiff’s use of the property satisfied the statutory requirements of actual, open, notorious and hostile use for a period of at least ten years. To establish the requisite hostility, the adverse possessor “need only establish a use inconsistent with the right of the owner without permission asked or given, such as would entitle the owner to a cause of action against the intruder [for trespass].” To satisfy the requirement of open and notorious use, a claimant must demonstrate that “the use to which the land is put must be similar to that which would ordinarily be made by owners of similarly situated real estate.” Furthermore, it is appropriate for the trial court to take properly into account the geophysical nature of the land. Year-round occupation is not required to prove actual and continuous possession, and in determining whether there has been actual possession of property, there must be considered its character and locality, and the uses and purposes for which it is naturally adapted."
Related Ideas
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