Pedis Possessio
NOTE: Actual possession is a pedis possessio which can be only of ground enclosed. PEDIS POSSESSIO. A foothold, an actual possession. To constitute adverse possession there must be pedis possessio, or a substantial enclosure. 2 Bouv. Inst. n. 2193; 2 N. & M. 343.
Applying the common law principle
of possession, the first colonists established ownership of land through occupancy and
use. In 1630, for instance, the Puritans claimed title to granted land under the idea that
it was not rightfully "occupied" or "settled" (by Indians), stating
they "inclose noe Land, neither have any setled habytation, noe any tame Cattle to
improve the Land by..."
