Adverse Possession – Hostile

The word “hostile”, when applied to the possession of an occupant of real estate holding adversely, is not to be construed as showing ill will, or that the occupant is an enemy of the person holding the legal title, but means an occupant who holds and is in possession as owner and therefore against all other claimants of the land. Wanha v. Long, 255 Neb. 849, 587 N.W.2d 531 (1998); Ballard v. Hansen, 33 Neb. 861, 51 N.W.295 (1892).

Permissive use of property can never ripen into title by adverse possession unless there is a change in the nature of the possession brought to the attention of the owner in some plain and unequivocal manner that the person in possession is claiming adversely thereby. Wanha v. Long, 255 Neb. 849, 587 N.W.2d 531 (1998); McCaslin v. Meysenburg, 229 Neb. 748, 424 N.W.2d 331 (1988).

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