Also known as: colour of right · colors of right · colours of right · claim of right
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A good-faith belief or assertion of ownership or legal entitlement to property. The belief supports the hostility element of adverse possession even when based on a mistaken boundary.
A good-faith belief or assertion of ownership or legal entitlement to property. The belief supports the hostility element of adverse possession even when based on a mistaken boundary.
Select any source to read its text and confirm it supports the definition.
An honest claim of entitlement that supplies a defense to theft or embezzlement charges when the actor converts property under that belief.
Select any source to read its text and confirm it supports the definition.
An honest claim of entitlement that supplies a defense to theft or embezzlement charges when the actor converts property under that belief.
Each sense below has its own examples, sources, and questions.
Caitlin Crowley and her predecessors farmed a narrow strip they believed belonged to their parcel because an old survey stake sat several feet inside the true line. They planted crops and maintained a shed on the strip for more than ten years. The color of right arising from the good-faith mistake allows their successive periods to tack and satisfies the hostility requirement for adverse possession.
Cassandra Cooper received record title to lot A but occupied contiguous lot B under the mistaken belief that lot B was hers. Her immediate predecessors had done the same for summer seasons over many years. The color of right supplied by the shared mistake permitted tacking of the periods and satisfied the statutory requirement for adverse possession of lot B.
Christopher Collins sued a dam operator whose structure flooded his land. The operator pleaded long use under color of right pursuant to state statutes. Because the plea rested on statutory authority rather than a good-faith claim of ownership, it failed to establish either prescription or disseizin against the true owner.
A good-faith belief that the land belongs to the claimant satisfies the hostility requirement even when the belief rests on a mistaken boundary. Successive possessors who share the same mistaken belief may tack their periods together to meet the statutory duration.
Supporting sources
Yes. Modern self-defense rules withdraw justification when the actor knows the other person uses force under a claim of right to protect property. The limitation applies unless an exception such as a threat of death or serious bodily harm is present.
Supporting sources
Christian Coleman retained equipment after a client failed to pay an invoice Coleman believed was owed. He disclosed the retention openly and asserted the setoff in good faith. The color of right arising from the honest claim defeats embezzlement liability under the governing standard.
Caleb Chang kept a repaired vehicle after the shop billed an amount he honestly believed had already been paid by insurance. Chang disclosed the belief and refused to pay twice. The color of right from the honest claim defeats theft liability.
Charlotte Chung kept a year-end bonus payment she believed her employer had authorized as compensation. She recorded the amount openly on company ledgers. The color of right supplied by the honest belief negates embezzlement.
Embezzlement requires fraudulent intent. An honest belief that the actor is entitled to the property as payment for a debt or compensation negates that intent. Open retention of the property tends to support the existence of the claim.
Supporting sources
An honest though mistaken belief that one is entitled to the property or service defeats theft liability under the Model Penal Code. The defense requires only subjective honesty. Reasonableness is not required.
Supporting sources
…between Stieglitz and Dr. Frank so that the original possession of the paintings by the Frank family may have been under claim of right. III On the limited record before us, we cannot determine now who has title to the paintings. That determination will depend on the evidence adduced at trial. Nonetheless, we believe…