possession contradictoire

OBS: possession contradictoire : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

OBS: This term, as applied to an occupant of real estate holding adversely, is not construed as implying actual enmity or ill will, but merely means that he claims to hold the possession in the character of an owner, and therefore denies all validity to claims set up by any and all other persons. (Black, 5th, p. 1048)
OBS: ""Hostility"" is the very marrow of adverse possession; it has even redundantly been called adversity. To say that possession is hostile should mean nothing more than that it is without permission of the one legally empowered to give possession, usually the owner. Any kind of permissive use, as by a tenant, licensee, contract purchaser in possession, or easement holder is rightful, not hostile. The better view is that unexplained possession is presumed hostile, so that it is up to the one who wished to do so to establish that it is rightful. (Cunningham, Stoebuck, Whitman, 1984, p. 760)