Dictionary of Law
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hostile possession :: legal definition


Hostile possession - n. occupancy of a piece of real property coupled with a claim of ownership (which may be implied by actions, such as putting in a fence) over anyone, including the holder of recorded title. It may be an element of gaining title through long-term adverse possession or claiming real estate which has no known owner.

See also: adverse possession quiet title action and Related Law Terms ↓


Related Law Terms

abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
clear title :: n. holding ownership of real property without any ... s which might affect the ownership.
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - H

habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant
habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions.
half blood :: 1) adj. sharing one parent only. 2) n. a half brot ... icularly Native American and white.
harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment
harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
heir apparent :: n. the person who is expected to receive a share o ... isinherited by will. See also: heir
heiress :: n. feminine heir, often used to denote a woman who ... in the "department store heiress."
heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion
held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling
hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds.
hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement.