peaceable possession

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In property law, peaceable possession refers to the character of possession of a piece of land. Possession is peaceable when it is held without any adverse claims made by another to recover the property. 

Some states require a plaintiff to have peaceable possession of a piece of land in order to bring an action to quiet title.

According to the Supreme Court of Alabama, the mere fact that a party denies the right of another to possess a piece of land does not destroy a peaceable possession, such a party “must do something indicating that they claim to be in possession themselves.” Where such a party does claim to be in possession themselves, the other party’s peaceable possession becomes “disputed” or “scrambled.” 

[Last updated in August of 2020 by the Wex Definitions Team]