Also known as: honest claims of right · claim of right
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A good-faith belief by a possessor that land belongs to them. This belief satisfies the hostility element required for adverse possession and permits tacking of successive periods of possession.
A sincere belief that one holds a legal right to property or to act with respect to it. This belief negates the fraudulent intent required for embezzlement or theft and limits the justification for using force against another who asserts a competing possessory right.
Each sense below has its own examples, sources, and questions.
A good-faith belief by a possessor that land belongs to them. This belief satisfies the hostility element required for adverse possession and permits tacking of successive periods of possession.
Select any source to read its text and confirm it supports the definition.
Harold Hunt and his father before him farmed a narrow strip along the edge of Highland Farms believing a misplaced survey stake marked their true boundary. They planted crops, maintained irrigation, and grazed livestock on the strip for more than twenty years. When the true owner objected, the court permitted tacking of the successive periods because the good-faith belief supplied the required claim of right.
An honest claim of right satisfies the hostility requirement when the possessor believes in good faith that the land is their own. This belief permits tacking of successive periods of possession by predecessors who shared the same mistaken understanding.
Supporting sources
A sincere belief that one holds a legal right to property or to act with respect to it. This belief negates the fraudulent intent required for embezzlement or theft and limits the justification for using force against another who asserts a competing possessory right.
Select any source to read its text and confirm it supports the definition.
Hassan Hakim returned to his former apartment after an unlawful lockout and used minimal force to open the door. He believed the landlord had no right to retain possession and that delay for a court order would cause exceptional hardship. The honest claim of right permitted the entry under the applicable defense provision.
Hope Howard shoved a maintenance worker who was removing her furniture from a storage closet at the direction of the property manager. She knew the manager acted under a claim of right to protect the items. Because she recognized the possessory claim, her use of force could not be justified as self-defense.
Hugo Hart brandished a weapon when a former employee demanded return of a console. He knew he could safely place the item on the floor and retreat. The honest claim asserted by the employee triggered the duty to surrender the property rather than resort to deadly force.
An honest claim of right negates the fraudulent intent required for embezzlement when the defendant converts property while sincerely believing it belongs to them or that they are entitled to retain it as payment for a debt. Open retention of the property supports the existence of the defense.
Supporting sources
An honest claim of right permits limited force to effect re-entry only when the actor believes the other party has no claim of right and circumstances create exceptional hardship in waiting for a court order. The claim must be evaluated from the actor's perspective at the time of the entry.
Supporting sources
…“1. For the purposes of this Act— “(1) A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof: “Provided that a person…
…upon the manner in which the States may enforce their penal codes. Accordingly, in reviewing a State criminal conviction under a claim of right
…made material by the definition of the offense include a legal element. So, for example, it is immaterial in theft, when claim of right
…is to be taken of excuses offered by an apparent felon. For example, "[i]n cases of larceny, may the citizen be satisfied by any claim of right
Harriet Hamilton removed scrap metal from a government site believing it had been abandoned and therefore belonged to anyone who took it. She openly hauled the material away without concealment. The honest claim of right prevented the taking from constituting a knowing conversion of government property.
Hannah Hughes posted messages demanding repayment of a debt she honestly believed a former client owed her. She stated she would publicize the debt if payment was not made. The honest claim of right meant the communications lacked the culpable mental state required for a threat offense.
Knowledge that another person is using force under a claim of right to protect property bars the actor from justifying resistance as self-defense. The limitation applies unless the actor was unlawfully dispossessed and is making a justified re-entry or recaption.
Supporting sources
When another asserts a claim of right to property, the actor must avoid deadly force if they know they can do so with complete safety by surrendering the item or retreating. Failure to use that safe alternative renders the use of deadly force unjustified.
Supporting sources