French v. Pearce
8 Conn. 439 · Supreme Court of Connecticut · 1831
Facts
The plaintiff entered and possessed a piece of land for over fifteen years. During this period, the plaintiff occupied the land uninterruptedly and exclusively. The plaintiff did so under a claim and belief of right, treating the land as his own. He appropriated all rents and profits from the land to his own use without accounting to anyone. This possession formed the basis of a claim for title by fifteen years possession.
Issue
Can a possession of land, maintained under a mistaken belief of right, constitute adverse possession? Does the possessor's motive or belief that they are the true owner negate the adverse character of their possession?
Holding
Yes, possession of land under a mistaken belief of right can constitute adverse possession. The court held that the visible and adverse possession, with an intention to possess, determines its adverse character, not the possessor's remote views or belief. Therefore, the jury charge that implied otherwise was incorrect, and a new trial is advised.
Rule
Adverse possession is defined as a possession hostile to the title of another, or a disseisin of the premises, meaning an unwarrantable entry putting the true owner out of seisin. To constitute adverse possession, it is not necessary that the possession be accompanied by a claim of title denying the opposing title, nor is the possessor's motive or belief of right relevant. The essential elements are that a person enters and takes possession of land as their own, takes rents and profits, and manages the property as an owner, acting as if accountable to no one. The visible and adverse possession, with an intention to possess, is what constitutes its adverse character, regardless of whether the possessor was mistaken about their right. A disseisin can occur by mistake, as the intention to possess exclusively and as one's own is the key, not the possessor's moral guilt or innocence.
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