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Chapter 3

ADVERSE POSSESSION

I. INTRODUCTION

A. Ejectment actions:  Just as there are Statutes of Limitation that bar the bringing of criminal prosecutions or suits for breach of contract after a certain period of time, so there are Statutes of Limitations that eventually bar the owner of property from suing to recover possession from one who has wrongfully entered the property. A property owner’s cause of action against a wrongful possessor of it is known as the action of ejectment. In virtually all states, the owner must bring his ejectment action within 20 years of the time the wrongdoer enters the land; some states allow only a shorter period, e.g., 10 years. (See infra, p. 38.)

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