In real estate and real property law, peaceable possession is "holding property without any adverse claim to possession or title by another".[1]
Quiet title is used to refer to the new owner's peaceable possession. Property title, or ownership, also includes possession, but is a greater property right than the latter. Therefore, peaceable possession may also refer to a tenant's, or lessee's, warranty of Quiet enjoyment, or require such for a quiet title action. [2]
Cotenants take property together in peaceable possession.[3] Peaceable possession is sometimes defined in the negative, that is, a trespasser lacks it. [4]
References
edit- ^ Law.com dictionary
- ^ Answers.com web site
- ^ John Houston Merrill, et al., The American and English Encyclopedia of Law (1890), located at [1]
- ^ Canadian Legal Information Institute web site
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