Disseizor: Who They Are and Their Role in Property Disputes

Definition & Meaning

A disseizor is a person who unlawfully takes possession of someone else's freehold land, effectively displacing the true owner. This act typically occurs in cases of adverse possession, where the disseizor occupies the property without the owner's consent. The key aspect of being a disseizor is that the possession is not only unauthorized but also executed in a manner that violates the rights of the original owner.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A person moves into an abandoned house and begins making renovations without the owner's knowledge or permission. This individual becomes a disseizor by taking possession of the property unlawfully.

Example 2: A neighbor fences off a portion of someone else's land, claiming it as their own for several years. This action could qualify the neighbor as a disseizor if the true owner is not aware or has not consented to this occupation. (hypothetical example)

State-by-state differences

State Adverse Possession Requirements
California Requires continuous possession for five years and payment of property taxes.
Texas Requires continuous possession for ten years without the owner's consent.
New York Requires continuous possession for ten years and open and notorious use of the property.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Difference
Disseizor A person who unlawfully takes possession of another's property. Focuses on the unlawful act of dispossession.
Adverse Possessor A person who occupies land they do not own, with the intent to claim it as their own. May eventually gain legal title after meeting certain conditions.
Eviction The legal process of removing a tenant from rental property. Involves legal proceedings, unlike the unlawful act of a disseizor.

What to do if this term applies to you

If you believe you are dealing with a disseizor situation, consider the following steps:

  • Document your ownership of the property and any unauthorized use by others.
  • Consult with a legal professional to understand your rights and options.
  • Explore legal templates on US Legal Forms to initiate eviction or other necessary legal actions.

In complex cases, seeking professional legal help is advisable to ensure your rights are protected.

Quick facts

  • Typical Duration for Adverse Possession: Varies by state, often between five to fifteen years.
  • Jurisdiction: Civil law, specifically property law.
  • Possible Penalties: Loss of property rights for the true owner if adverse possession is established.

Key takeaways