adverse
Adverse means to be against or opposed to one’s own interests. Adverse is used in several legal contexts. For example:
- An adverse party is the party with contrary interests to one’s own.
-
In
property law
,
adverse possession
refers to the
enjoyment
of land to which another person has
title
with the intention of possessing it. One of the elements of adverse possession is
hostile occupation
.
- This means that the landowner has not given the occupier permission to use the property.
-
The
doctrine
of
adverse domination
allows the
statute of limitations
on a claim for breach of
fiduciary duty
against directors and officers of a corporation to be
tolled
until the corporation is no longer controlled by the alleged wrongdoers.
- In Clark v. Milam , the U.S. District Court for the Southern District of West Virginia explained this rule stating that “[t]olling is considered appropriate because where the culpable directors and officers control a corporation, they are unlikely to initiate actions or investigations for fear that such actions will reveal their own wrongdoing.”
[Last reviewed in June of 2022 by the Wex Definitions Team ]
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