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Arkansas law is instructive. For a trespasser to establish title to land by adverse possession, the quantum of proof necessary is greater if the trespasser has no color of title. A trespasser who claims ownership of land without color of title must show actual possession to the extent of the claimed boundaries for the required seven years. This rule was changed by Act 776 of 1995, which included as additional requirements for establishing adverse possession that the person claiming must have held color of title to the property or to contiguous real property for at least seven years. See Ark. Code Ann. § 18-11-106 (Supp. 1997).
For possession to be adverse, it is only necessary that it be hostile in the sense that it is under a claim of right, title, or ownership as distinguished from possession in conformity with, recognition of, or subservience to the superior right of the holder of title to the land. Id. Possession of land will not ordinarily be presumed to be adverse, but rather subservient to the true owner of the land. See Dillaha v. Temple, 267 Ark. 793, 797, 590 S.W.2d 331 (1979). Therefore, mere possession of land is ...
