Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-06-21

eitn0G VI INC tIue Stet0 N INC UVuu
dairy or his rights. Carr let the mat
ter drift along and the famites re-
cognized tho old fence Tor twenty
years. Than the younger Carr. In
hertted the place on his fathers
death. He had . survey made and
discovered that thu old fence line
was well within his true boundary
and that 1t 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 be-
come Springer's by virtue Of an ad-
verse possession extending over a
period Of twenty years.
n Springer, being In ignorance Of
the true location q the line, had had
40 intention Of insisting upon 1t II
it proved not correct upon survey.
out merely intended to occupy Il u 1t
was properly his the court would not
nave viewed the possession % ad-
verse; that 10, not hostile TOT Carr.
and 30 the land would not have been
lost to thu Carr's. But Springer hay
Ing declared an intention 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 1t by ad-
verse possession. This emphaSizes
the requirement that to amount to
adverse" possession the possession
must be under claim Of title.
Az has already been stated to give
title to q squa4ter his adverse pos
session must continue for twenty
years. Adverse possession. n dsfin-
ed as possession by one not the own
er, inconsistent with the right Of
possession Of the true owner. No
tenant can hold adversely to his
landlord, for his possession 10 that
ola tenant. not inconsistent with the
rights of an owner, and tho tenant
may not deny his landlords title. Ad-
verse possession always begina with
an Illegal occupation Of the land by
one lacking In legal rights OF owner
ship and possession. Az has been re-
marked, the possession must be- ad-
verse, that Ia, hostile to the true own
or. 1t must be with intent to claim
title as opposed to the. true owner.
whoever he may be. One in posses
sion of lands who claims to hold
only until the true owner appears is
not holding adversely. There must
be q continuous and aIbsohlte claim
Of ownership. That the possession
must be actual, or constructive under
q color Of title we have noticed.
Further the possession must be open
and notorious, must be Of such . ma
ture that 1t will call the attention
ct any, who may pass that way Of
the presence and possession ct the
sQuatter. A further requirement u
that possession must be exclusive
and continuous for the period named
in the Enthusiastically twenty years.
If you possess q distant piece Of
real estate that 10 vacant. do not let
any great period Of time pass with
out investigating the state Of your
II sQuatter IL found
either eject him or take from him
a written statement that he ID not
the owner and makes no claim of
TITLE, but that you are the true own
er ana 1t 10 by your permission that
he remains on the property. II there
ID any doubt about the state Of the
between you and your
get . written statement
from him that he has NO intention OF
to anything but the true
line, and that IL the line established
be not the true one he hasIno inten.
lion of insisting upon 1t but will &C.
cept the one shown to be- correct. II
this 10 not possible. have . survey
made and enforce your rights BY leg
u proceedings under the guidance Of