Also known as: honest claims · claim of right
Written by attorneys · grounded in primary & secondary sources — see below
A good-faith belief that one possesses a legal right to property, even if the belief is unreasonable or mistaken.
Harold Hunt and his predecessors used a narrow strip of land they believed belonged to their farm because an old city survey stake had been placed incorrectly. They planted crops, grazed cattle, and maintained a shed on the strip for decades without interruption. When the true owner later sued to quiet title, the court allowed the periods of use to tack together because the good-faith belief satisfied the claim-of-right element for adverse possession.
Hector Hernandez discovered that a neighbor had taken his backhoe without authority earlier that day. Believing the neighbor had no right to it and that waiting for a court order would cause exceptional hardship, Hector used nondeadly force to block the neighbor and retake the machine on fresh pursuit. The honest claim of right to the equipment justified the limited force under the defense-of-property statute.
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Helena Hoffman attempted to reenter her former workshop after an unlawful lockout. The current occupier, who asserted a colorable lease right, used force to block her. Hoffman knew the occupier was acting under that claim of right, so she could not lawfully resist with force and instead had to pursue legal remedies.
Harriet Hamilton confronted a person who claimed storage fees on her impounded trailer and demanded she surrender it. Knowing she could avoid any confrontation with complete safety by retreating or complying with the demand while the claim-of-right dispute was resolved in court, Harriet refrained from using force.
Horizon Realty acquired surface rights and later asserted ownership of severed mineral interests that had lapsed for nonpayment of taxes. The company believed in good faith that its chain of title included the minerals despite the statutory lapse. The honest claim prevented criminal liability for any subsequent extraction attempts while the ownership dispute proceeded through quiet-title litigation.
Heritage Trust attempted to seize a foreign banana plantation by force, asserting an old contractual right. Company officers knew the foreign government had already granted the land to another party under local law and that no U.S. court would recognize the claim. Because the belief in a right to the property was not honest, the use of force could not be justified as defense of property.
An honest claim of right negates the fraudulent intent required for embezzlement. When a defendant converts property while honestly believing it is owed as compensation or payment for a debt, the conversion lacks the intent to defraud even if the belief is mistaken. Open discussion of the belief with coworkers can support the existence of the claim.
Yes. Model Penal Code section 223.1(3)(b) creates an affirmative defense when the actor acted under an honest claim of right to the property or believed he had a right to acquire or dispose of it. The defense applies even if the belief is unreasonable, provided it is genuinely held.
Under Model Penal Code section 3.06(1)(b)(ii), force is justified when the actor believes the person against whom force is used has no claim of right to the property and immediate action is necessary. The belief must be honest. If the actor knows the other party has a colorable claim, the justification is withdrawn under section 3.06(3)(c)(ii).
Yes. When successive possessors use land under a good-faith belief it is their own due to a mistaken boundary, the hostility or claim-of-right element is satisfied and periods of possession may tack. Seasonal agricultural use consistent with the land's nature also satisfies continuity.
…was relied upon at least twice to prevent actual new trials. In Wonson itself, Justice Story rejected the United States' claim of right to retry, on appeal, a matter unsuccessfully put before a jury in the District Courtnotwithstanding acceptance of such a practice under local law. The court based its ruling on statutory…