Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-07-18
Pop ular Talks on Law


his fathers death. He had a survey
| made and discovered that the old
fence line was well within his true
boundary and that it gave several
acres of valuable land to Springer.
Carr started immediate legal action,
but discovered that his rights had
lapsed, the court ruling that the land
had become Sprinsers by virtue of
an adverse possession extending ov-
er period of twenty years.
II Springer, 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 sur
yey, but merely intended to occupy
it if il was propely his the court
would not have viewed the possession
as adverse; that is, NOT hostile to
Carr, and so the land, would not
have been lost to the Carr's. But
Springer having declared an inten-
ton to insist upon that line. right
or wrong, and having maintained it
and used the ground up to the fence
for twenty years took good title to
it by adverse possession. This en-
phasizes the requirement that to
amount to adverse" possession the
possession must be under claim of
title.
AS has already been stated TO give
title to a ''squatter" his adverse pos
session must continue for twenty
years. Adverse possession is defined
rs possession by one not the owner,
Inconsistent with the right of pos
session of the true owner. No tenant
IAN hold adversely to his landlord,
Tor his possession is that of a ten
ant, not Inconsistent with the rights
of an owner, and the tenant may
not deny his landlords title. Ad-
verse possession always begins with
an illegal occupation of the land by
one lacking in legal nights of own
arship and possession. AS has been
remarked, the possession must be adj
verse, that is, hostile to the true
owner. It must be with intent to
claim title as opposed on the true
owner, whoever he may be. One in
possession of lands who claims to
hold only until the true owner ap-
pears is not holding adversely. There
must be continuous and absolute
claim of ownership. That the pos
session must be actual, or construc-
tive under color of title we have
noticed. Further the possession must
De 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 further require
ment is that possession must be ex-
elusive and continuous for the period
named in the statute-usually TWEEN
ty years, ;. .-s.
If you possess a distant piece of
real estate that is vacant, do not
let any great period of time pass
without investigating the state of
your holdings. If a "squatter'' is
found either eject him or take from
aim a written statement that he is
lot the owner and makes no claim
Of title, but that you are the true
owner and it is by your permission
that he remains on the property. If
there is any doubt about the state
Of the boundary between you and
your neighbor, get a written state
ment from his that he has no inten-
ton Of claiming to anything but the
true line, and that if the line estab-
lished be not the true one he has
40 intention of insisting upon it but
will accept the one shown TO be cor
rect. If this is not possible, have
survey made and enforce your rights
by legal proceedings under the guild
ance of a competent attorney.