• scutiger@lemmy.world
    link
    fedilink
    English
    arrow-up
    5
    arrow-down
    1
    ·
    1 month ago

    I don’t think that’s what that means. I believe “hostile” in this sense is closer in meaning to “contrary.” It’s hostile to the owner’s rights, not hostile to the owner.

    You have to make it clear that you’re living there with regular upkeep. Mow the lawn, fix up the house, etc. You can’t hide the fact that you’re living there from the owner or neighbors.

    If the owner shows up one day and discovers you’ve been living there, they can politely ask you to leave and now you’re officially trespassing and you lose your claim to adverse possession.

    If you’ve made it clear that you live there, and your neighbors all know you, but the real owner has never showed up in 15 years, or just doesn’t care and never asked you for rent or asked you to leave, congrats on your new property.

    • Madison420@lemmy.world
      link
      fedilink
      English
      arrow-up
      1
      arrow-down
      1
      ·
      1 month ago

      Thats literally what I said… I quoted Nebraska directly.

      They don’t mean you have to fight them it means you have to try to prevent their use and they must attempt to prevent yours.

      • Feathercrown@lemmy.world
        link
        fedilink
        English
        arrow-up
        2
        arrow-down
        1
        ·
        1 month ago

        But that’s not what we’re saying. It counts as adverse posession if you’re doing something contrary to the owner’s interests/rights and they don’t stop you.

        • Madison420@lemmy.world
          link
          fedilink
          English
          arrow-up
          1
          ·
          edit-2
          1 month ago

          That’s what hostile means!

          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.

          Ie. The actual owner needs to say no don’t do that and the squatter has to try to prevent and buy that I mean literally say “no don’t” or something to that effect.

          Hostile does not mean you even have to be rude or anything but friendly it just means it’s against your interests and you’ve made them aware. It’s so the owner doesn’t wait the squatting period and then take action, the theory being if you didn’t know or take action until then then you’ve abandoned the property.