Adverse possession

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"Squatter's rights" redirects here. For the film, see
Squatter's Rights (film)
.

Property law
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Related topics
Other common law areas
Higher category: Law and Common law

Adverse possession, sometimes colloquially described as "squatter's rights",

licence) of its legal owner.[1]

Description

In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as

statutes of limitations that specify the length of time that owners have to recover possession of their property from adverse possessors. In the United States, for example, these time limits vary widely between individual states, ranging from as low as three years to as long as 40 years.[3]

Although the elements of an adverse possession action are different in every jurisdiction, a person claiming adverse possession is usually required to prove non-permissive use of the property that is actual, open and notorious, exclusive, adverse and continuous for the statutory period.

tenant
or licensee of the legal owner.

Personal property, traditionally known as chattel, may also be adversely possessed, but owing to the differences in the nature of real and chattel property, the rules governing such claims are rather more stringent, and favour the legal owner rather than the adverse possessor. Claims for adverse possession of chattel often involve works of art.

History

See also: History of English land law

In

bona fides of the possessor and the location of the parties involved.[citation needed
]

Richard I. No further changes were made of this kind. By the reign of Henry VIII the fact that there had been no changes to the cutoff date had become very inconvenient. A new approach was taken whereby the person claiming possession had to show possession of the land for a continuous period, a certain number of years (60, 50 or 30 depending on the kind of claim made) before the date of the claim. Later statutes have shortened the limitation period in most common law jurisdictions.[citation needed
]

At traditional English common law, it was not possible to obtain title to property of

Latin maxim nullum tempus occurrit regi ('no time runs against the king'). In the United States, this privilege was carried over to the federal and state governments; government land is immune from loss by adverse possession.[7] Land with registered title in some Torrens title systems is also immune, for example, land that has been registered in the Hawaii Land Court system.[8][9]

In the common law system of England and its historical colonies, local legislatures—such as Parliament in England or American state legislatures—generally create statutes of limitations that bar the owners from recovering the property after a certain number of years have passed.[3]

England and Wales

Main articles: English land law and Land Registration Act 2002

Adverse possession is one of the most contentious methods of acquiring property, albeit one that has played a huge role in the history of English land. Historically, if someone possessed land for long enough, it was thought that this in itself justified acquisition of a good title. This meant that while English land was continually conquered, pillaged, and stolen by various factions, lords or barons throughout the Middle Ages, those who could show they possessed land long enough would not have their title questioned.

A more modern function has been that land which is disused or neglected by an owner may be converted into another's property if continual use is made.

21 Jas. 1. c. 16), just like a cause of action in contract or tort had to be used within a time limit, so did an action to recover land. This promoted the finality of litigation and the certainty of claims.[10] Time would start running when someone took exclusive possession of land, or part of it, and intended to possess it adversely to the interests of the current owner. Provided the common law requirements of "possession" that was "adverse" were fulfilled, after 12 years, the owner would cease to be able to assert a claim. Different rules are in place for the limitation periods of adverse possession in unregistered land[11] and registered land.[12] However, in the Land Registration Act 2002
adverse possession of registered land became much harder.

In recent times the Land Registry has made the process of claiming adverse possession and being awarded “title absolute” more difficult. Simply occupying or grazing the land will no longer justify the grant of title, instead the person in adverse possession must demonstrate commitment to own and utilize the land to the exclusion of all others.

Another significant limit on the principle, in the case of leases, is that adverse possession actions will only succeed against the leaseholder, and not the freeholder once the lease has expired.[13]

Land Registration Act 2002

Main article: Land Registration Act 2002

The Land Registration Act 2002 received royal assent on 26 February 2002.[14] The rules for unregistered land remained as before. But under schedule 6 of the Land Registration Act 2002, paragraphs 1 to 5, after 10 years the adverse possessor is entitled to apply to the registrar to become the new registered owner. The registrar then contacts the registered title holder and notifies him of the application. If no proceedings are launched for two years to eject the adverse possessor, only then would the registrar transfer title. Prior to the Land Registration Act 2002, a land owner could simply lose title without being aware of it or notified. This was the rule because it indicated the owner had never paid sufficient attention to how the land was in fact being used, and therefore the former owner did not deserve to keep it.[citation needed] Before 2002, time was seen to cure everything. The rule's function was to ensure land was used efficiently.[15]

Requirements

Before the considerable hurdle of giving a registered owner notice was introduced in the Land Registration Act 2002, the particular requirements of adverse possession were reasonably straight forward.

First, under schedule 1, paragraphs 1 and 8 of the

cows
roam into Mr McFarlane's land. The intruder must also show that they were dealing with the land as an occupying owner might have done, and that no one else had done so.

The second requirement, however, was that there needed to be an intention to possess the land. Mr Powell lost his claim because simply letting his cows roam was an equivocal act: it was only later that there was evidence he intended to take possession, for instance by erecting signs on the land and parking a lorry. But this had not happened long enough for the 12-year time limit on McFarlane's claim to have expired. As a result, proving intention to possess is likely to rely heavily on the factual matrix of the case and the squatters' factual possession. In Clowes Developments (UK) Ltd v Walters and Others [2005] EWHC (Ch), the squatter cannot be found to have an intention to possess if they mistakenly believe that they are on the property with the permission of the title owner.[18]

Third, possession is not considered "adverse" if the person is there with the owner's consent. For example, in BP Properties Ltd v Buckler,[19] Dillon LJ held that Mrs Buckler could not claim adverse possession over land owned by BP because BP had told her she could stay rent free for life.[20] Fourth, under the Limitation Act 1980 sections 29 and 30, the adverse possessor must not have acknowledged the title of the owner in any express way, or the clock starts running again. However, the courts have interpreted this requirement flexibly.

Human rights challenges

In

Protocol 1, article 1 of the European Convention on Human Rights.[21] The court in its Grand Chamber rejected this, holding that it was within a national government's margin of appreciation to determine the relevant property rules.[22] The House of Lords in Ofulue v Bossert in 2009 confirmed this understanding.[23]

Timing

For registered land, adverse possession claims completed before 13 October 2003 (the date the Land Registration Act 2002 came into force)

trust for the adverse possessor.[25] The adverse possessor can then apply to be the new registered proprietor of the land.[26]

For registered land, adverse possession claims completed after 13 October 2003 follow a different procedure. Where land is registered, the adverse possessor may henceforth apply to be registered as owner after 10 years[27] of adverse possession and the Land Registry must give notice to the true owner of this application.[28] This gives the landowner a statutory period of time (65 business days) to object to the adverse possession, object to the application on the ground that there has not actually been the necessary 10 years' adverse possession, and/or to serve a "counter-notice". If a counter-notice is served, then the application fails unless

  • it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the squatter and the squatter ought in the circumstances to be registered as proprietor, or
  • the squatter is for some other reason entitled to be registered as proprietor, or
  • the squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application.

Otherwise, the squatter becomes the registered proprietor according to the land registry. If the true owner is unable to evict the squatter in the two years following the first [unsuccessful] application, the squatter can apply again after this period and be successful despite the opposition of the owner. The process effectively prevents the removal of a landowner's right to property without their knowledge, while ensuring squatters have a fair way of exercising their rights.

Where a tenant adversely possesses land, there is a presumption that they are doing so in a way that will benefit the landlord at the end of their term. If the land does not belong to their landlord, the land will become part of both the tenancy and the reversion. If the land does belong to their landlord, it would seem that it will be gained by the tenant but only for the period of their term.[29]

Since September 2012, squatting in a residential building is a criminal offence, but this does not prevent title being claimed by reason of adverse possession even if the claimant is committing a criminal offence.[30][31] This was confirmed in Best v Chief Land Registrar,[32] where it was held that criminal and land law should be kept separate.

United States

The number of years required for adverse possession in U.S. states

Requirements

The party seeking title by adverse possession may be called the disseisor, meaning one who dispossesses the true owner of the property.[33] Although the elements of an adverse possession claim may be different in a number of states, adverse possession requires at a minimum five basic conditions being met to perfect the title of the disseisor. These are that the disseisor must openly occupy the property exclusively, in a manner that is open and notorious, continuously, and use it as if it were their own in a manner expected for the type of property.[34] Some states impose additional requirements. Many of the states have enacted statutes regulating the rules of adverse possession.[35] Some states require a hostility requirement to secure adverse possession. While most states take an objective approach to the hostility requirement, some states require a showing of good faith. Good faith means that claimants must demonstrate that they had some basis to believe that they actually owned the property at issue. Four states east of the Mississippi that require good faith in some form are Georgia, Illinois, New York, and Wisconsin.[35]

Additional requirements

In addition to the basic elements of an adverse possession case, state law may require one or more additional elements to be proved by a person claiming adverse possession. Depending upon the state, additional requirements may include:

  • timber
    not visible from the road, and hauls the logs away at night. Their actions, though they demonstrate actual possession, also demonstrate knowledge of guilt, as opposed to claim of right.
  • Good faith (in a minority of states) or bad faith (sometimes called the "Maine Doctrine" although it is now abolished in Maine)[38]
  • Improvement, cultivation, or enclosure[36][39]
  • Payment of property taxes. This may be required by statute, such as in California,[40] or just a contributing element to a court's determination of possession. Both payment by the disseisor and by the true owner are relevant.
  • Dispossession of land owned by a governmental entity: Generally, a disseisor cannot dispossess land legally owned by a government entity even if all other elements of adverse possession are met. One exception is when the government entity is acting like a business rather than a government entity.[33]

Consequences

A metal plaque on the sidewalk of New York City declares that the crossing onto the private property is a revocable license (an agreement to use the property, not an invasion) to protect it from becoming a subject of an adverse possession.[41] Some New York property owners go even further by actually closing their property to the public for one day each year in order to prove their exclusive control.[42]

A disseisor will be committing a civil trespass on the property he has taken and the owner of the property could cause him to be evicted by an action in trespass ("ejectment") or by bringing an action for possession. All common law jurisdictions require that an ejectment action be brought within a specified time, after which the true owner is assumed to have acquiesced. The effect of a failure by the true landowner to evict the adverse possessor depends on the jurisdiction, but will eventually result in title by adverse possession.

In 2008, due to the volume of adverse possession and boundary dispute cases throughout

zoning laws at the time permitted the owner of the land to build (i.e., develop) up to six times the square footage of the ground floor area. For example, if the disputed area was 1,000 square feet, there would be 6,000 square feet of buildable square footage to potentially be won or lost by adverse possession. The Court clarified, "It is the encroachment on the land ... that allows title to pass to the adverse possessor."[45] In other words, the plaintiff did not need to encroach upon all six stories in order to adversely possess the air rights above the land. The Court also held, "With title to land come air rights."[45]
In other words, by acquiring title to the land (i.e., ground floor area), the plaintiff also acquired ownership of the more valuable air rights that were derivative of title to the underlying land.

In other jurisdictions, the disseisor acquires merely an equitable title; the landowner is considered to be a trustee of the property for the disseisor.

Adverse possession extends only to the property actually possessed. If the original owner had a title to a greater area (or volume) of property, the disseisor does not obtain all of it. The exception to this is when the disseisor enters the land under a

color of title
to an entire parcel, their continuous and actual possession of a small part of that parcel will perfect their title to the entire parcel defined in their color of title. Thus a disseisor need not build a dwelling on, or farm on, every portion of a large tract in order to prove possession, as long as their title does correctly describe the entire parcel.

In some jurisdictions, a person who has successfully obtained title to property by adverse possession may (optionally) bring an action in land court to "quiet title" of record in their name on some or all of the former owner's property. Such action will make it simpler to convey the interest to others in a definitive manner, and also serves as notice that there is a new owner of record, which may be a prerequisite to benefits such as equity loans or judicial standing as an abutter. Even if such action is not taken, the title is legally considered to belong to the new titleholder, with most of the benefits and duties, including paying property taxes to avoid losing title to the tax collector. The effects of having a stranger to the title paying taxes on property may vary from one jurisdiction to another. (Many jurisdictions have accepted tax payment for the same parcel from two different parties without raising an objection or notifying either party that the other had also paid.)

Adverse possession does not typically work against property owned by the public.

The process of adverse possession would require a thorough analysis if private property is taken by

railroad
), and then abandoned.

Where land is registered under a Torrens title registration system or similar, special rules apply. It may be that the land cannot be affected by adverse possession (as was the case in England and Wales from 1875 to 1926, and as is still the case in the state of Minnesota[46]) or that special rules apply.

Adverse possession may also apply to territorial rights. In the United States, Georgia lost an island in the Savannah River to South Carolina in 1990, when South Carolina had used

granted this land to South Carolina, although the Treaty of Beaufort (1787) explicitly specified that the river's islands belonged to Georgia.[47]

Louisiana

French law and governs the right of a person to gain possession of immovable property (a home). Pursuant to Civil Code Article 742, there are two ways that a squatter can gain possession of an immovable property: (1) peaceable and uninterrupted possession... for ten years in good faith and by just title; [or] (2) uninterrupted possession for thirty years without title or good faith.[48]

Squatter's rights

Most cases of adverse possession deal with boundary line disputes between two parties who hold clear title to their property. The term "squatter's rights" has no precise and fixed legal meaning. In some jurisdictions the term refers to temporary rights available to squatters that prevent them, in some circumstances, from being removed from property without due process. For example, in England and Wales reference is usually to section 6 of the Criminal Law Act 1977. In the United States, no ownership rights are created by mere possession, and a squatter may only take possession through adverse possession if the squatter can prove all elements of an adverse possession claim for the jurisdiction in which the property is located.[49]

As with any adverse possession claim, if a squatter abandons the property for a period, or if the rightful owner effectively removes the squatter's access even temporarily during the statutory period, or gives their permission, the "clock" usually stops.[50] For example, if the required period in a given jurisdiction is twenty years and the squatter is removed after only 15 years, the squatter loses the benefit of that 15-year possession (i.e., the clock is reset at zero). If that squatter later retakes possession of the property, that squatter must, to acquire title, remain on the property for a full 20 years after the date on which the squatter retook possession. In this example, the squatter would have held the property for 35 years (the original 15 years plus the later 20 years) to acquire title.

Depending on the jurisdiction, one squatter may or may not pass along continuous possession to another squatter, known as "tacking". Tacking is defined as "The joining of consecutive periods of possession by different persons to treat the periods as one continuous period; esp., the adding of one's own period of land possession to that of a prior possessor to establish continuous adverse possession for the statutory period."[51] There are three types of Privity: Privity of Contract; Privity of Possession; and Privity of Estate.[51] One of the three types of privity is required in order for one adverse possessor to "tack" their time onto another adverse possessor in order to complete the statutory time period. One way tacking occurs is when the conveyance of the property from one adverse possessor to another is founded upon a written document (usually an erroneous deed), indicating "color of title." A lawful owner may also restart the clock at zero by giving temporary permission for the occupation of the property, thus defeating the necessary "continuous and hostile" element.[citation needed] Evidence that a squatter paid rent to the owner would defeat adverse possession for that period.

England and Wales

Although "squatting" is a criminal offense in England and Wales under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO),[52] the Court of Appeal has clarified that Section 144 will not bar a person who wants to claim adverse possession, based on the rule of ex turpi causa, from relying on illegal squatting as an act demonstrating possession of the property.[53]

Section 17 of the Limitation Act 1980 means the old title holder's estate will be extinguished and a new one will be created for the successful squatter.[54] This section also inserted an immediate power of entry to the premises into Section 17 of the Police and Criminal Evidence Act 1984.

Finally, schedule 6 (para 7) of the Land Registration Act 2002 allows the successful adverse possessor to be registered as the new proprietor.[55]

Theory and scholarship

Utilitarianism

Scholars have identified four utilitarian policies which justify adverse possession.

The first is that it exists to cure potential or actual defects in real estate titles by putting a statute of limitations on possible litigation over ownership and possession. Because of the doctrine of adverse possession, a landowner can be secure in title to their land. Otherwise, long-lost heirs of any former owner, possessor or lien holder of centuries past could come forward with a legal claim on the property.

The second theory is that adverse possession is "a useful method for curing minor title defects".[56] For example, someone may have had the intention to sell all of a parcel of land but mistakenly excluded a portion of it on the title. Thus, adverse possession allows the purchaser of the land to maintain ownership of the parcel which they believed was theirs from the impressions given by the seller.

The third theory is that adverse possession encourages and rewards productive use of land. Essentially, "by vesting title in the industrious settler—rather than the absentee landowner—adverse possession promote[s] rapid development".

The fourth theory is that the adverse possessor places a high personal value on the land while the real title holder has effectively abandoned it, thus on principles of personhood and efficiency it makes sense to allow the change in title.[56]

Copyright scholarship

Some legal scholars have proposed the extension of the concept of adverse possession to

antitrust law[57] or to unify copyright law and property law.[58]

See also

Notes

  1. ^ Squatting refers specifically to land ("real property") and is by far the most common form of adverse possession. Some jurisdictions have additional differences between "squatting" and adverse possession.
  2. ^ As described in the various "Requirements" sections, a number of conditions must be met in order for the adverse possessor to actually acquire title.
  3. ^ "Adverse possession is a method of acquiring complete title to land as against all others, including the record owner, through certain acts over an uninterrupted period of time, as prescribed by statute". Gifis, Steven H. (1984) Barron's Law Dictionary, page 14; "An open, notorious, exclusive and adverse possession for twenty years operates to convey a complete title...not only an interest in the land...but complete dominion over it." Sir William Blackstone (1759) Commentaries on the Laws of England, Volume 2, page 418.

Citations

  1. ^ "Adverse possession". Wex. Legal Information Institute. Retrieved 29 September 2017.
  2. ^ Merrill & Smith (2017), p. 161.
  3. ^ a b Merrill & Smith (2017), p. 170.
  4. ISBN 0829920455
    .
  5. ^ "Introduction". global.oup.com. Retrieved 26 July 2023.
  6. ^ Merrill (1985), p. 1128.
  7. ^ Merrill & Smith (2017), p. 174.
  8. ^ "HI Rev Stat § 501-87". Hawaii Revised Statutes. Hawaii State Legislature. Retrieved 29 September 2017.
  9. ^ United States v. Fullard-Leo, 66 F.Supp. 782 (D.C. Haw. 1944), affirmed 331 U.S. 256 (1947).
  10. ^ Law Reform Committee, 21st Report, Final Report on Limitation of Actions (1977) Cmnd 6923, para 1.7.
  11. ^ Limitation Act 1980 ss 15 and 17.
  12. ^ Land Registration Act 1925 s 75 or Land Registration Act 2002 Sch 6, depending on when the limitation period is completed.
  13. ^ Fairweather v St Marylebone Property Co Ltd [1963] AC 510.
  14. ^ Explanatory Notes to the Land Registration Act 2002, para. 1
  15. ^ Stake, J. E. "The Uneasy Case for Adverse Possession". Georgetown Law Journal. 2000–2001 (89): 2419.
  16. ^ e.g. Leigh v Jack (1879) 5 Ex D 264.
  17. ^ (1979) 38 P&CR 352.
  18. ^ "Clowes Developments (UK) Ltd. v Walters & Ors | [2005] EWHC 669 (Ch) | England and Wales High Court (Chancery Division) | Judgment | Law | CaseMine". www.casemine.com. Retrieved 27 January 2024.
  19. ^ "BP Properties Ltd v Buckler". Retrieved 27 May 2021..
  20. ^ (1988) 55 P&CR 337.
  21. ^ The point has been made by O. Jones, Out with the Owners: The Eurasian Sequels to "J A Pye (Oxford) Ltd v. United Kingdom" (2008) 27 Civil Justice Quarterly 260–276, that adverse possession should be incapable of infringing the ECHR's concept of the right to property precisely because the person deprived has given up "possession".
  22. ^ [2008] 1 EHRLR 132.
  23. ^ "Ofulue & Anor v Bossert [2009] UKHL 16 (11 March 2009)". www.bailii.org. Paragraph 68. Retrieved 3 February 2021.
  24. ^ Section 1 The Land Registration Act 2002 (Transitional Provisions) (No 2) Order 2003).
  25. ^ Section 75(1) Land Registration Act 1925.
  26. ^ Section 75(2) Land Registration Act 1925.
  27. ^ Schedule 6 Paragraph 1 Land Registration Act 2002.
  28. ^ Schedule 6 Paragraph 2 Land Registration Act 2002.
  29. ^ Smirk v Lyndale Developments Ltd [1974] 3 WLR 91.
  30. ^ Blake, Joseph (31 August 2012). "Criminalising squatting hurts the poor and benefits the rich". The Guardian.
  31. ^ "Legal Aid, Sentencing and Punishment of Offenders Act 2012". The National Archives.
  32. ^ "Best v The Chief Land Registrar & Anor [2014] EWHC 1370 (Admin) (07 May 2014)". www.bailii.org. Retrieved 3 February 2021.
  33. ^ a b "Adverse possession". Encyclopedia Britannica. Retrieved 29 September 2017.
  34. ^ Larson, Aaron (17 January 2015). "Adverse Possession". Retrieved 29 September 2017.
  35. ^ a b "Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River". American Land Title Association. 1 March 2016. Retrieved 22 January 2018.
  36. ^ a b "California Code of Civil Procedure § 323". California Legislative Information. California Office of Legislative Counsel. 1872. Retrieved 29 September 2017.
  37. ^ See, e.g., "North American Oil Consol. v. Burnet, 286 US 417 (1932)". Google Scholar. Retrieved 29 September 2017.
  38. ^ "Dombkowski v. Ferland, 2006 ME 24, 893 A.2d 599 (2006)". Google Scholar. Retrieved 29 September 2017.
  39. ^ "California Code of Civil Procedure § 325". California Legislative Information. California Office of Legislative Counsel. 9 July 2010. Retrieved 29 September 2017.
  40. ^ "California Code of Civil Procedure § 325(b)". California Legislative Information. California Office of Legislative Counsel. 9 July 2010. Retrieved 29 September 2017.
  41. ISBN 9780873372664. Archived from the original
    (PDF) on 18 March 2015. Retrieved 26 July 2014.
  42. ^ Dunlap, David W. (30 October 2011). "Lever House Closes Once a Year to Maintain Its Ownership Rights". The New York Times. Retrieved 29 September 2017.
  43. ^ Mavidis, Andriana (Summer 2011). "Retrospective Application of the 2008 Amendments to New York's Adverse Possession Laws". St. John's Law Review. 85 (3): 1057–1103.
  44. ^ "Bayshore Gardens Owners, Inc. v Meersand 2008 NY Slip Op 51770(U) [20 Misc 3d 1137(A)] Decided on August 18, 2008". Google Scholar. Retrieved 20 June 2017.
  45. ^ a b c d "Hudson Sq. Hotel, LLC v Stathis Enters., LLC 2016 NY Slip Op 05232". New York State Law Reporting Bureau. 30 June 2016.
  46. ^ Minn. Stat. 508.02.
  47. Georgia v. South Carolina
    .
  48. ^ "Louisiana Laws - Louisiana State Legislature". www.legis.la.gov. Retrieved 15 November 2023.
  49. ^ Estrin, Michael (27 July 2012). "Adverse possession: Can you squat to own?". BankRate. Retrieved 29 September 2017.
  50. ^ "Adverse possession – the reality behind 'squatter's rights' | Tozers LLP". www.tozers.co.uk. Retrieved 16 April 2021.
  51. ^ a b TACKING, Black's Law Dictionary (10th ed. 2014)
  52. ^ "Legal Aid, Sentencing and Punishment of Offenders Act 2012". www.legislation.gov.uk. Retrieved 1 April 2018.
  53. ^ Bhatia, Joanna (8 May 2014). "Adverse possession can be founded on acts of criminal trespass | LexisNexis Blogs". www.lexisnexis.co.uk. LexisNexis. Retrieved 17 November 2023.
  54. ^ "Limitation Act 1980, Section 17". ww.legislation.gov.uk. Retrieved 27 May 2021.
  55. ^ "Land Registration Act 2002, Schedule 6". ww.legislation.gov.uk. Retrieved 27 May 2021.
  56. ^
    OCLC 960940360
    .
  57. ^ Bagley, Constance E.; Clarkson, Gavin (Spring 2003). "Adverse Possession for Intellectual Property: Adapting an Ancient Concept to Resolve Conflicts between Antitrust and Intellectual Property Laws in the Information Age" (PDF). Harvard Journal of Law & Technology. 16 (2).
  58. ^ Arrett, Michael James (Fall 2005). "Adverse Possession of Copyright: A Proposal to Complete Copyright's Unification with Property Law". Journal of Corporation Law. 31 (1): 187–202.

Works cited

  • Merrill, Thomas W. (1985). "Property Rules, Liability Rules, and Adverse Possession". Northwestern University Law Review. 79 (5 & 6): 1122–54.
  • Merrill, Thomas W.; Smith, Henry E. (2017). Property: Principles and Policies. University Casebook Series (3rd ed.). St. Paul: Foundation Press.
    ISBN 978-1-62810-102-7
    .

Further reading

External links

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