What Is Adverse Possession?

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• What Is an Example of Adverse Possession?
• What Are the Legal Requirements for Adverse Possession?
• Find Experienced Legal Help

What if I told you that someone could take your property out from under you—without paying for it? In general terms, that’s what adverse possession is. If someone trespasses onto another person’s property openly and uninterrupted for a certain period of years, the property owner, who has a deed, can no longer sue to stop the trespasser. As a consequence, ownership of the real property passes to the adverse possessor.

What Is an Example of Adverse Possession?

It sounds strange, but the most common instance of adverse possession happens when a fence gets improperly placed. For example, instead of erecting a fence on the property line, say the homeowner places it a few feet onto their neighbor’s land. Of course, no one thinks anything of it until years later—say, 15 years later, when the owner sells the house and a land survey is conducted. At this point, the fence has become the agreed-upon boundary line.

What Are the Legal Requirements for Adverse Possession?

Of course, it isn’t that simple in real life: According to the law, the claimant’s actual possession of the property must have been “hostile, actual, exclusive, adverse and uninterrupted” for a certain time period (could be five up to 20 years depending on the state). Likely, each of these requirements will have extensive legal baggage and create complex proof problems for a claimant.

According to legal doctrine, here are the elements of adverse possession that a trespasser must prove:

1. Hostile Use

This means that the person’s use of the property goes against the right of the true owner’s legal title and without permission. Having a hostile claim does not mean you have to be mean about it—merely that you are infringing on a property right that isn’t yours.

2. Actual Possession

There must be proof that you are exercising control over the piece of land. Often, this is done with fencing or signage, but it could be done by building a structure on the property or by paying the property taxes on the parcel.

3. Exclusive Possession

In some form, the possession of the property must only be that of the trespasser.

4. Open and Notorious Possession

This means that the trespasser is using the property as the actual owner would. This can be achieved by not hiding the occupancy or by it being known in the community that the property is theirs.

5. Continuous Possession

The individual must have continuous use of the property for the entire statutory period of time, which generally ranges from five to 20 years, depending on state statutes of limitation.

Find Experienced Legal Help

If you are in a position of losing your property due to a claim of adverse possession, or if you have held a property for years that may not be entirely yours, you should contact a reputable and experienced real estate attorney to settle any disputes going forward. Get more information on property rights, prescriptive easements, handling easement disputes, or an overview of real estate law.