Section 3 Hostile

• Library: Real Estate Fundamentals 2011

The second element that must be proved to establish adverse possession is that the possession is hostile or under claim of right. “[H]ostile” possession means possession opposed and antagonistic to the claims of all others. Bradbury Marble Co. v. Laclede Gas Light Co., 106 S.W. 594, 599 (Mo. App. E.D. 1907). Naked possession alone is insufficient to ripen into adverse possession regardless of the period of time. Fiorella v. Jones, 259 S.W. 782, 786 (Mo. 1923); Heide v. Sheeks, 682 S.W.2d 877, 882 (Mo. App. S.D. 1984); see also Wilton Boat Club v. Hazell, 502 S.W.2d 273, 276 (Mo. 1973) (distinguishing between occupancy of land with intent to possess it and mere occasional use or “squatter’s rights”). A person who settles on someone else’s land without any legal authority is a squatter. A squatter is one who enters the land not claiming in good faith the right to do so by virtue of any title of the squatter’s own or an agreement with another who the squatter thinks holds title. A squatter’s rights are never considered adverse. Id.

When a family relationship exists between claimants or their predecessors, stronger evidence of adverse possession is generally required. Lancaster v. Neff, 75 S.W.3d...