What Is Adverse Possession?

What Is Adverse Possession?

I'm here to explain adverse possession, which is a legal principle that lets someone claim ownership of land they're occupying without the owner's permission, as long as they meet certain requirements. You need to understand that this grants title to the possessor if they infringe on the actual owner's rights and maintain continuous possession. People often call it squatter’s rights, but that's just a casual term, not an official law.

Key Takeaways

Adverse possession is the process where a non-owner gains title to land after occupying it for a set period. As the claimant, or disseisor, you must prove specific criteria to succeed in court. This includes continuous use, taking over the land, and exclusive possession. It's also known as squatters' rights or homesteading, and it can apply to intellectual or digital property too. If you're a landowner, there are steps you can take to stop it.

Understanding Adverse Possession

Adverse possession happens when someone takes over land that isn't theirs. This could be deliberate, like a squatter moving in on purpose, or accidental, such as encroaching on a neighbor's property without realizing it. In intentional cases, a trespasser knowingly occupies the land to live there or claim it. Unintentionally, it might occur when you build something that crosses a boundary line. Either way, if you as the adverse possessor prove your claim, you don't have to pay the original owner for the land.

Important Note

Remember, if you successfully prove adverse possession, you're not required to compensate the original owner for the land.

Requirements to Prove Adverse Possession

The rules for proving adverse possession differ by jurisdiction. In many states, you need to show payment of property taxes and perhaps a deed to succeed. Each state sets a time limit where the original owner can challenge the claim. For instance, if the limit is 20 years and the owner maintains the property in year 19, your claim as the possessor gets harder. I advise landowners to eliminate risks early by getting signed agreements for any land use.

To claim land successfully, you must show your occupation meets these: continuous and uninterrupted use, hostile occupation without any agreement from the owner, open and obvious possession so it's noticeable, actual possession for the state's required period (3 to 30 years), which might include maintenance and taxes, and exclusive use where only you occupy it.

Fast Fact

Adverse possession has been suggested as a way to curb abuses in intellectual property, like cybersquatting or patent trolling, by forcing owners to actively use their assets instead of hoarding them.

How to Prevent Adverse Possession

If you're a landowner, you can stop trespassers from claiming your property with simple actions. Mark your boundaries clearly and inspect regularly for intruders. Use no trespassing signs and gates to block access—though signs alone might not fully prevent claims, they help deter people. Offer to rent the land to the trespasser with a formal agreement, which blocks adverse possession. Give written permission for use and get their acknowledgment. Act quickly before the statutory period runs out to challenge any trespassing.

Tip

Hire a lawyer right away if you spot trespassing; you may need to sue to remove them or get a court order to dismantle structures on your land.

Adverse Possession vs. Homesteading

Adverse possession works much like homesteading. In homesteading, you get government or unclaimed land if you use and improve it, but you lose it if you don't. Adverse possession frees up unclearly titled land for productive use similarly. However, it can be misused, unlike homesteading—for example, if there's an informal fence overlap between farms without a written agreement, one farmer could claim that extra land through adverse possession.

What Are the 5 Requirements of Adverse Possession?

Though requirements vary by jurisdiction, typically you need continuous and uninterrupted possession, hostile occupation without the owner's consent, open and obvious use, possession for the state's statutory period (3 to 30 years), and exclusive occupation by you alone.

What States Allow Adverse Possession?

All states permit adverse possession, but requirements differ, especially in possession length, tax payments, and deeds. Eastern states often require tax payments without extra documents, while Western states allow shorter periods but add requirements like taxes or deeds.

What Is the Time Limit on Adverse Possession?

Time limits range from 3 years in Arizona to 30 years in Louisiana and New Jersey, with most falling between 10 and 15 years.

Who Can Claim Adverse Possession?

Anyone possessing another's land can claim it if they meet requirements like sufficient time in possession or tax payments, varying by jurisdiction.

The Bottom Line

Adverse possession lets you claim ownership of land you don't legally own if you satisfy requirements like continuous, hostile, open, and exclusive possession for the required period. It's a useful tool but risky for owners, so monitor your property, handle trespassers promptly, and use clear agreements to protect your rights.