UPDATED: Jun 25, 2009
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Is it still considered “hostile” if the actual land owner offers a license agreement but we do not accept?
Asked on June 25, 2009 under Real Estate Law, California
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am assuming you are asking with regard to possible adverse possession of a piece of land. In general the element of hostility in relation to adverse exists when a person possesses the land of another intending to hold to a particular recognizable boundary regardless of the true boundary line. You cannot claim "adverse possession" if you are engaged in the permissive use of somebody else's land.
So if the other individual is aware of the use of their land and offered a license they are permitting such use. As far as your refusal to sign it that would be helpful in pursuing this argument but would probably make it very difficult to prevail.
If you want to be sure I suggest contacting a local attorney regarding this issue. If you explain the specifics they can see if all the elements are met and let you know how best to proceed. Good luck
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