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Topic: Discussion Board_Adverse Possession and Prescription  This is a graded discussion: 45 points possible due Nov 17 Discussion Board_Adverse Possession and Prescription Search entries or author ...

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Topic: Discussion Board_Adverse Possession and Prescription

This is a graded discussion: 45 points possible due Nov 17
Discussion Board_Adverse Possession and Prescription
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Numerous topics to share with the class here. Please answer the five following questions. Responses
are not necessary. As we are scattered about this country, it will benefit your classmates to add as
much detail as possible. Posts that contain fewer than 1000 words will be awarded zero points.
1. How does your state of residence or licensure define adverse possession?
2. Does your state confuse or clearly differentiate between adverse possession and prescription?
3. In what situations does Curtis Brown encourage Surveyors to monument unwritten Rights in his
paper "Land Surveyor's Liability to Unwritten Rights?"
4. Do you agree that there are situations where a surveyor should monument a mature unwritten
ight?
5. Provide an example of adverse possession as it relates to your state, residence, or future
esidence.
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Answered Same DayNov 16, 2021

Solution

Perla answered on Nov 17 2021
61 Votes
Civil Engineering
Running Head: Civil Engineering
Title: Civil Engineering
Student Name and Id:
Course Name and Id:
University
Date: 17/11/2019
Author Note
The cu
ent report is presented as part of the requirements to complete the course work.
Adverse Possession as per New Mexico
Adverse possession is an occupation of a piece of land with someone else’s title with intent to change its ownership as his own. Some of the key requirements for adverse possession of a land include, that the owner of the organization need to actually enter the land and should have exclusive possession of the land. The possession is expected to be open and notorious. The possession should be adverse to the rightful owner and should be under the claim of right. The possession should be continuous for the statutory period of time. New Mexico legislation 37-1-22 discusses the simple adverse possession in the state. In accordance with this legislation, for becoming effective adverse possession is expected to be for 10 years. However the land owner has right to challenge for one year after the disability is lifted. Further the payment of taxes is also required of the entire duration of time. Apart from the duration of the possession with payment of taxes, all the four elements discussed above like the hostile claim, physical presence in the land and treating it as his own, existence of open and notorious possession, not sharing the possession for long time are needed as well.
Adverse possession and the prescription
At the outset, adverse possession and prescription both are related with getting the legal rights over certain piece of land owned by some one else. However still there exists difference between the two. Adverse possession is related with getting the legal rights permanently and this will be possible subjected to the compliance with the legislations stated in the legislation like staying in the location for certain duration of time as well open and notorious...
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