Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1913-06-20


the fence by guess work from an old
survey. Carr raised some question
as to whether the boundary was
right, but Springer insisted that it
was correct, and right or wrong it
was the boundary between their
farms and the one upon which he
would always insist. Knowing little
either of the true state of the
boundary or his rights, Carr let the
matter drift along and the families
recognized the old fence line for over
twenty years. Then the younger
Carr inherited the place on his faith
er's death. He had a survey made
and discovered that the old fence
line was well within his true boun-
dairy ann that it gave several acres
of valuable land to Springer. Carr
started immediate action, but dis
covered that his rights he'd lasped,
the court ruling that the land had
become Springer's by virtue of an
adverse possession extending over
period of twenty years.
If Spainger, being in ignorance of
the true location of the line, had had
no intention Of insisting upon it if it
proved not correct upon a survey,
but merely intended to occupy it if
it was properly his the court would
not have viewed the possession as
adverse, that is, not hostile to Carr,
and so the land would not have bee n
lost to the Carr's. But Springer
having declared an intention to in
sist upon that line, right or wrong,
and having maintained it and used
the ground up to the fence for twen-
ty years took good title to it by ad-
verse possession. This emphasizes
the requirement that to amount to
adverse" possession the possession
must be under claim of title.
AS has already been stated to give
litle to a "squatter" his adverse
possession must continue for twenty
years. Adverse possession is defined
as possession by one not the owner,
inconsistent with the right of pos
session of the true owner. No ten
ant can hold adversely to his land
lord, for his possession is that Of a
tenant, not inconsistent with the
rights of an owner, and the tenant
may not deny his landlords title.
Adverse possession always begins
with an illegal occupation of the
land by one lacking in legal rights
of ownership and possession. AS
has been remarked, the possession
must be adverse. that is, hostile to
the true owner. 1t must be with
intent to !claim title as opposed to
the true owner, whoever he may be.
One in possession of lands who
claims to hold only until the true
owner appears is not holding adj
versely. There must be a continuous
and absolute claim Of ownership.
That the possession must be actual,
or constructive under a color of title
we have noticed. Further the pos
session must be open and notorious,
must be of such a nature that it will
call the attention of any who may
pass that way of the presence and
possession of the ":squatter." A
surerer requirement is that posses
sion must be exclusive and continu-
Gus for the period named in the
statute-usually twenty years.
If you possess a distant piece of
real estate that is vacant do not let
any great period of time pass with
out investigating the state of your
holdings. If a "squatter" is found
either eject him or take from him a
written statement that he is not the
owner and makes no claim of title,
and that you are the true owner and
it is by your permission that he re-
mains on the property. If there is
any doubt about the state of the
boundary between you and your
neighbor, get "a written statement
from him that has no intention of
claiming to anything but the true
line, and that if the line established
be not the true one he has no inten-
ton of insisting upon it but will ac-
cept the one shown to be correct. If
this is not possible, have survey
made and enforce your rights by le-
gal proceedings under the guidance
of a competent attOrney.