adverse interest

There are three main types of adverse interests.

An adverse interest can mean an interest, claim, or right that is against another’s interest.
- For example, a plaintiff and defendant have adverse interests.
A witness with adverse interest means the witness is hostile. A hostile witness wants different results of the lawsuit than the party who calls them.
- Rule 611 of the Federal Rules of Evidence allows a party to ask a witness with adverse interests leading questions even during a direct examination of a trial.
In real property, adverse interest means a person who is not the owner of the land or house owns an interest in the property.
- For example, neighbor A owns an easement, which gives A the right to pass through B’s land to access a public road. In this case, A has an adverse interest on B’s land.

[Last reviewed in June of 2022 by the Wex Definitions Team]

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