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Adverse possession

Index Adverse possession

Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle that applies when a person who does not have legal title to a piece of propertyusually 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. [1]

92 relations: Abutter, Acquiescence, Adverse abandonment, Air rights, Cattle, Color (law), Common law, Competition law, Concurrent estate, Corpus Juris Civilis, Cut and fill, Deed, Disseisor, Dredging, Easement, Ejectment, Eminent domain, England and Wales, English contract law, English tort law, Equity (law), European Court of Human Rights, Fee simple, Floor area (building), Georgia v. South Carolina (1990), Good faith, Hawaii Land Court, Henry II of England, Homestead principle, Hunting, Index of real estate articles, Intellectual property, Intention, J A Pye (Oxford) Ltd v Graham, Jurisdiction, Land court, Land Registration Act 1925, Land Registration Act 2002, Latin, Law of France, Legal Aid, Sentencing and Punishment of Offenders Act 2012, Lien, Limitation Act 1623, Limitation Act 1980, Lost, mislaid, and abandoned property, Louisiana, Lumber, Maine, Middle Ages, Napoleonic Code, ..., Nullum tempus occurrit regi, Original appropriation, Original jurisdiction, Parliament, Parliament of England, Pedis possessio, Personal property, Police and Criminal Evidence Act 1984, Possession is nine-tenths of the law, Preemption Act of 1841, Prescription (sovereignty transfer), Property law, Property tax, Quiet title, Rail transport, Real property, Reversion (law), Revised statute 2477, Richard I of England, Right to property, Rights of way in England and Wales, Squatting, Squatting in England and Wales, Statute of limitations, Supreme Court of the United States, Surveying, The Crown, Title (property), Torrens title, Town and country planning in the United Kingdom, Treaty of Beaufort, Trespass, Trust law, Trustee, United States Court of Appeals for the Fourth Circuit, Usucapio, Usucaption, Usufruct, Uti possidetis, Utility, Work of art, Zoning. Expand index (42 more) »


An abutter is a person (or entity) whose property is adjacent to the property of another.

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In law, acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of his or her rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights.

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Adverse abandonment

A petition for adverse abandonment is filed by a party other than the owner of a railroad asking a court or a state board to declare the land abandoned by the railroad.

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Air rights

Air rights are the property interest in the "space" above the earth's surface.

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Cattle—colloquially cows—are the most common type of large domesticated ungulates.

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Color (law)

In United States law, the term color of law denotes the "mere semblance of legal right", the "pretense or appearance of" right; hence, an action done under color of law adjusts (colors) the law to the circumstance, yet said apparently legal action contravenes the law.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Competition law

Competition law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies.

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Concurrent estate

A concurrent estate or co-tenancy is a concept in property law which describes the various ways in which property is owned by more than one person at a time.

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Corpus Juris Civilis

The Corpus Juris (or Iuris) Civilis ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor.

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Cut and fill

In earthmoving, cut and fill is the process of constructing a railway, road or canal whereby the amount of material from cuts roughly matches the amount of fill needed to make nearby embankments, so minimizing the amount of construction labor.

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A deed (anciently "an evidence") is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed.

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A disseisor is the person who has taken adverse possession of real property from the legal owner; ie., who has taken actual possession or occupation of the property without the permission of the legal owner.

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Dredging is an excavation activity usually carried out underwater, in harbours, shallow seas or freshwater areas with the purpose of gathering up bottom sediments to deepen or widen the sea bottom / channel.

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An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it.

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Ejectment is the common law term for civil action to recover the possession of or title to land.

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Eminent domain

Eminent domain (United States, Philippines), land acquisition (Singapore), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia), or expropriation (France, Italy, Mexico, South Africa, Canada, Brazil, Portugal, Spain, Chile, Denmark, Sweden) is the power of a state, provincial, or national government to take private property for public use.

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England and Wales

England and Wales is a legal jurisdiction covering England and Wales, two of the four countries of the United Kingdom.

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English contract law

English contract law is a body of law regulating contracts in England and Wales.

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English tort law

English tort law is the law governing implicit civil responsibilities that people have to one another, as opposed to those responsibilities laid out in contracts.

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Equity (law)

In jurisdictions following the English common law system, equity is the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law.

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European Court of Human Rights

The European Court of Human Rights (ECHR or ECtHR; Cour européenne des droits de l’homme) is a supranational or international court established by the European Convention on Human Rights.

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Fee simple

In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership.

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Floor area (building)

In architectural, construction, and real estate, floor area, floor space, or floorspace is the area (measured as square feet or square metres) taken up by a building or part of it.

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Georgia v. South Carolina (1990)

Georgia v. South Carolina,, is one of a long series of U.S. Supreme Court cases determining the borders of the state of Georgia.

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Good faith

Good faith (bona fides), in human interactions, is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction.

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Hawaii Land Court

The Land Court of the State of Hawaii (originally, the Court of Land Registration in the former U.S. Territory of Hawaii) has exclusive jurisdiction in the HawaiOkinai State Judiciary over cases involving registered land titles.

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Henry II of England

Henry II (5 March 1133 – 6 July 1189), also known as Henry Curtmantle (Court-manteau), Henry FitzEmpress or Henry Plantagenet, ruled as Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Count of Nantes, King of England and Lord of Ireland; at various times, he also partially controlled Wales, Scotland and Brittany.

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Homestead principle

The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation.

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Hunting is the practice of killing or trapping animals, or pursuing or tracking them with the intent of doing so.

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Index of real estate articles

This aims to be a complete list of the articles on real estate.

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Intellectual property

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect, and primarily encompasses copyrights, patents, and trademarks.

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Intention is a mental state that represents a commitment to carrying out an action or actions in the future.

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J A Pye (Oxford) Ltd v Graham

J A Pye (Oxford) Ltd and Others v Graham and another is an English land law judgment from the final court of appeal at the time, the "House of Lords", on adverse possession.

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Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law.

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Land court

Land Court or Land claims court is a type of court which is charged with dealings over cases involving land titles and for disputes between landlords and tenants relating to agricultural tenancies.

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Land Registration Act 1925

The Land Registration Act 1925 (LRA) was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales.

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Land Registration Act 2002

The Land Registration Act 2002 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system.

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Latin (Latin: lingua latīna) is a classical language belonging to the Italic branch of the Indo-European languages.

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Law of France

In academic terms, French law can be divided into two main categories: private law ("droit privé") and public law ("droit public").

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Legal Aid, Sentencing and Punishment of Offenders Act 2012

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is a statute of the Parliament of the United Kingdom, creating reforms to the justice system.

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A lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation.

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Limitation Act 1623

The Limitation Act 1623 (21 Jac 1 c 16) was an Act of the Parliament of England.

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Limitation Act 1980

The Limitation Act 1980 (c. 58) is a British Act of Parliament applicable only to England and Wales.

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Lost, mislaid, and abandoned property

Lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the possession of another person.

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Louisiana is a state in the southeastern region of the United States.

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Lumber (American English; used only in North America) or timber (used in the rest of the English speaking world) is a type of wood that has been processed into beams and planks, a stage in the process of wood production.

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Maine is a U.S. state in the New England region of the northeastern United States.

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Middle Ages

In the history of Europe, the Middle Ages (or Medieval Period) lasted from the 5th to the 15th century.

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Napoleonic Code

The Napoleonic Code (officially Code civil des Français, referred to as (le) Code civil) is the French civil code established under Napoléon I in 1804.

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Nullum tempus occurrit regi

Nullum tempus occurrit regi ("no time runs against the king"), sometimes abbreviated nullum tempus, is a common law doctrine originally expressed by Bracton in his De legibus et consuetudinibus Angliae in the 1250s.

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Original appropriation

Appropriation is a process by which previously unowned natural resources, particularly land, become the property of a person or group of persons.

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Original jurisdiction

The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.

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In modern politics and history, a parliament is a legislative body of government.

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Parliament of England

The Parliament of England was the legislature of the Kingdom of England, existing from the early 13th century until 1707, when it became the Parliament of Great Britain after the political union of England and Scotland created the Kingdom of Great Britain.

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Pedis possessio

Pedis possessio is a legal phrase in common law used to describe walking on a property to establish ownership.

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Personal property

Personal property is generally considered property that is movable, as opposed to real property or real estate.

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Police and Criminal Evidence Act 1984

The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers.

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Possession is nine-tenths of the law

Possession is nine-tenths of the law is an expression meaning that most (nine out of ten) cases and disputes in law are to do with ownership/possession.

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Preemption Act of 1841

The Preemption Act of 1841, also known as the Distributive Preemption Act (27 Cong., Ch. 16), was a federal law approved on September 4, 1841 during the early presidency of John Tyler.

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Prescription (sovereignty transfer)

Prescription, in international law, is sovereignty transfer of a territory by the open encroachment by the new sovereign upon the territory for a prolonged period of time, acting as the sovereign, without protest or other contest by the original sovereign.

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Property law

Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system.

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Property tax

A property tax or millage rate is an ad valorem tax on the value of a property, usually levied on real estate.

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Quiet title

An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.

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Rail transport

Rail transport is a means of transferring of passengers and goods on wheeled vehicles running on rails, also known as tracks.

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Real property

In English common law, real property, real estate, realty, or immovable property is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things.

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Reversion (law)

A reversion in property law is a future interest that is retained by the grantor after the conveyance of an estate of a lesser quantum that he has (such as the owner of a fee simple granting a life estate or a leasehold estate).

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Revised statute 2477

Revised Statute 2477 (commonly known as "RS 2477") was enacted by the United States Congress in 1866 to encourage the settlement of the Western United States by the development of a system of highways.

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Richard I of England

Richard I (8 September 1157 – 6 April 1199) was King of England from 1189 until his death.

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Right to property

The right to property or right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions.

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Rights of way in England and Wales

In England and Wales, other than in the 12 Inner London Boroughs and the City of London, the "right of way" refers to paths on which the public have a legally protected right to pass and re-pass.

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Squatting is the action of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent or otherwise have lawful permission to use.

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Squatting in England and Wales

Squatting in England and Wales usually refers to a person who is not the owner, taking possession of land or an empty house.

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Statute of limitations

Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated.

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Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

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Surveying or land surveying is the technique, profession, and science of determining the terrestrial or three-dimensional positions of points and the distances and angles between them.

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The Crown

The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their sub-divisions (such as Crown dependencies, provinces, or states).

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Title (property)

In property law, a title is a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest.

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Torrens title

Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed "indefeasibility") of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register.

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Town and country planning in the United Kingdom

Town and country planning in the United Kingdom is the part of English land law which concerns land use planning.

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Treaty of Beaufort

The Treaty of Beaufort, also called the Beaufort Convention, is the treaty that originally set the all-river boundary between the U.S. states of Georgia and South Carolina.

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Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.

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Trust law

A trust is a three-party fiduciary relationship in which the first party, the trustor or settlor, transfers ("settles") a property (often but not necessarily a sum of money) upon the second party (the trustee) for the benefit of the third party, the beneficiary.

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Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any person who holds property, authority, or a position of trust or responsibility for the benefit of another.

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United States Court of Appeals for the Fourth Circuit

The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts.

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Usucapio was a concept in Roman law that dealt with the acquisition of ownership of something through possession.

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Usucaption (Latin usucapio), also known as acquisitive prescription, is a concept found in civil law systems and has its origin in the Roman law of property.

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Usufruct is a limited real right (or in rem right) found in civil-law and mixed jurisdictions that unites the two property interests of usus and fructus.

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Uti possidetis

Uti possidetis (Latin for "as you possess") is a principle in international law that territory and other property remains with its possessor at the end of a conflict, unless otherwise provided for by treaty; if such a treaty does not include conditions regarding the possession of property and territory taken during the war, then the principle of uti possidetis will prevail.

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Within economics the concept of utility is used to model worth or value, but its usage has evolved significantly over time.

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Work of art

A work of art, artwork, art piece, piece of art or art object is an aesthetic physical item or artistic creation.

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Zoning is the process of dividing land in a municipality into zones (e.g. residential, industrial) in which certain land uses are permitted or prohibited.

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Adverse tenancy, Hostile possession, Notorious possession, Nullum Tempus Act, Squatter right, Squatter rights, Squatter's right, Squatter's rights, Squatters rights, Squatters' Rights, Squatters' rights.


[1] https://en.wikipedia.org/wiki/Adverse_possession

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