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In property law, lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the possession of another person.
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
Intentional abandonment is also referred to as dereliction, and something voluntarily abandoned by its owner with the intention of not retaking it is a derelict. Someone that holds the property or to whom property rights have been relinquished is an abandonee. [3] An item that has been abandoned is termed an abandum. [4]
Anyone hoping to claim any one of thousands of foreclosed homes in Florida through adverse possession -- simply squatting on the land for several years to obtain title to the home -- are out of luck.
Usucaption (Latin: usucapio), also known as acquisitive prescription, [1] [2] is a concept found in civil law systems [3] and has its origin in the Roman law of property. Usucaption is a method by which ownership of property (i.e. title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence).
Like ownership, the possession of anything is commonly regulated under the property law of a jurisdiction. In all cases, to possess something, a person must have an intention to possess it as well as access to it and control over it. A person may be in possession of some piece of property without being its owner. [1]
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.
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