Legal Question in Real Estate Law in Utah

Adverse Possession - Hostile Claim

Person A makes gift to person B of real property including home. A continues to live in home with person B's permission. A also continues to pay property tax. A subsequently wants real property back. B refuses. It is felt that A meess all requirements of the adverse possession rules except the ''hostile claim'' test. Can A meet the ''hostile claim'' test of the adverse possession rules even though A is living there with full permission of B?


Asked on 1/14/03, 4:20 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Adverse Possession - Hostile Claim

No - the hostile element is critical.. Living there with permission is a license, which can be revoked. The law states "open and notorious" meaning that the person claiming adverse possession has to occupy against the wishes of the owner. A is occupying with permission.

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Answered on 1/14/03, 11:06 pm


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