Hostile possession

A hostile possession is the action of an occupier who does not have the true owner’s consent or permission, but possesses or occupies the real property of the true owner. Since such an action has the intent to claim the property rights against the owner’s right, it is hostile. To test whether hostility exists, an objective test is applied. The state of mind (e.g., intent, purpose) of the possessor is of no importance, and it doesn’t matter whether the possessor believes the property is his or her own.

Hostile possession is one of the indispensable elements of adverse possession. Specifically, adverse possession means that the person who possesses the property owned by the true owner can acquire the title to the property if the following elements are fulfilled: 

1. Open and notorious use of the property, which gives the true owner the notice of adverse Continuous possession for a statutory period (in some states it is 10 years); and the continuous period of possession can be aggregated if the real property is voluntarily transferred from the adverse possessor to another;
2. Actual possession of the property as the true owner would (some jurisdictions ask adverse possessors must pay property taxes during possession);
3. Exclusively use the real property without sharing it with the true owner; and
4. Hostilely claim the right of real property (the majority of jurisdictions require adverse possessors to be in good faith).

There is an exception that adverse possession cannot be applied to the government’s real property.