Oct 6, 2021 17:30
2 yrs ago
15 viewers *
English term

to hold the property hostilely

English to Spanish Law/Patents Real Estate
Hello everybody, I have doubt with the following sentence:

"Plaintiff has held the Property hostilely, exclusively, actually, openly and notoriously, and continuously since..."

What could "hostilely" mean in this case? Does it mean "de manera hostil", as aggressively? The text is about somebody claiming a piece of land, stating that the other heirs (to the same piece of land) have never lived there.

Any suggestions are welcome!

¡Gracias!

Proposed translations

1 hr
Selected

mantener/retener la propiedad de forma hostil/no autorizada

Yes, it can be shocking to come across the term “hostile/hostilely” in this context, and yes, it does actually mean “de manera hostil”, in the sense of “without permission or authorization”, which is, I concede, also a form of “hostility”, at least to a certain degree.

This expression is related to the so-called “adverse possession”, which is described below in detail:

See reference below:
https://www.nolo.com/legal-encyclopedia/what-open-notorious-...
What "Open and Notorious" Use of Property Means for an Adverse Possession Claim
(…)
An important element of establishing a claim to another person's land using the legal doctrine of adverse possession is that trespassers must be "open and notorious" in their use the disputed land. That's on top of the other requirements that the use be hostile, actual, exclusive, and continuous for a certain number of years (usually set by state statute).
(…)
Now consider whether this matches the elements of adverse possession: Bob can establish that his use of the pond was hostile (without his neighbor's permission), continuous for the statutory period (30 years is far more than most states' laws require), and exclusive (assuming no one else took part in his moonlit swims or otherwise used the pond).

Situation in the Spanish speaking countries (= posesión adversa):

https://estudyando.com/que-es-la-posesion-adversa-definicion...
¿Qué es la posesión adversa? – Definición, ley y casos
(…)
Requisitos para la posesión adversa
La posesión adversa requiere que una ocupación sea:
1. Hostil

2. Real
3. Abierto y notorio
4. Exclusivo y continuo


--------------------------------------------------
Note added at 1 hr (2021-10-06 18:53:05 GMT)
--------------------------------------------------

Diego, I understand you are Artgentinean. In such case, you will then have to verify if my rendering is also applicable in your country, I think it is, but I am not sure, and you did not mention the target countty.

--------------------------------------------------
Note added at 1 hr (2021-10-06 18:56:53 GMT)
--------------------------------------------------

Please, excuse my typos: "Argentinean", "country" was the intended spelling.

By the way, Argentineans, Argetinians, Argentines... ??? Uf, heeeelp!

--------------------------------------------------
Note added at 1 hr (2021-10-06 19:00:55 GMT)
--------------------------------------------------

Thanks, Diego. I think "hostil" is fine then.

Thanks, Diego, still so much to learn from our colleagues from the other side of the pond. So "Argies " too, really? Okay, noted with thanks.

You live and learn...
Note from asker:
Thank your for your detailed answer. It looks like the target country is the USA. :-D
Argies too :-DDD
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "¡Gracias!"
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search