How Long Does It Take To Get Adverse Possession in My State?

Most people are shocked to learn that a trespasser can acquire someone else’s real property simply by possessing the land for a period of years. Although it’s true, it’s very difficult to accomplish. The doctrine of adverse possession is an extreme remedy in real estate.

The time requirements to adversely possess someone else’s property vary by state. Reach out to an experienced real estate lawyer for legal advice if you’re dealing with an adverse possession situation.

What Is Adverse Possession?

Adverse possession is the process of taking someone else’s property by using it for a period of time without the owner attempting to recover it. Continuous use and hostile possession of the property for a long period give the occupier a claim to the land.

Adverse possession is based on the idea that land is for use and not for squandering. If you can live openly on a parcel of land and pay taxes on that property for 20 years without the owner trying to get you off, then you have more of a claim to the property than the owner of record.

Adverse possession laws vary by state. In some states, such as California and Nevada, adverse possession requires only five years of continuous possession. In states like Georgia and Massachusetts, adverse possession takes about 20 years.

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When Do Adverse Possession Claims Arise?

Typically, a claim of adverse possession arises between neighbors over a disputed property line. For example, you build your fence one foot over onto the neighbor’s property, and no one says anything for ten years.

Adverse possession cases are fact-specific, meaning the person who adversely possesses the land of another must conduct themselves strictly in the manner required under the law.

How Long Must the Trespasser Possess the Land: Complicating Factors

The following is an overview of the statutory period for adverse possession by state.

Additional Factors Affecting the Statute of Limitations

Shorter statutes of limitations can apply depending on the situation. For example, in Texas, there are shorter time limits for adverse possession under the following circumstances:

• A three-year statute of limitation applies if the adverse possessor has documented proof of legal title, such as a hard copy of an original registered deed (but clearly mistaken), giving them title to the property
• A five-year statute of limitations period applies if the adverse possessor cultivates, uses, or enjoys the land, pays applicable property taxes, and again has documentary proof of title

Some states also allow tacking, which combines periods of time between successive legal ownerships. For example, if an adverse possessor used the land for five years and then sold their interest to another who continued to adversely possess the land for another five years, the subsequent adverse possessor meets the 10-year statute of limitations.

Requirements for Someone to Adversely Possess the Land of Another

The requirements for adverse possession of property vary by state. Many states have multiple timelines, depending on whether the adverse possessor has color of title or pays taxes on the property. Before claiming someone’s land as your own, consult an attorney for legal advice.

Generally, to acquire title to property by adverse possession, a person must prove the necessary elements by a preponderance of the evidence — meaning the evidence is more likely than not.

Requirements vary by state, but generally include:

1. Visible Appropriation and Possession of the Property

The adverse possessor must use the land in a way that would give notice to others, especially the owner, that the adverse possessor believes they are the true owner.

2. Open and Notorious

This means the adverse possessor can’t conceal their use of the piece of property. It must be out in the open. This may require payment of taxes on the property. Paying property tax puts your claim to ownership of the property in the public record.

“You have to send a message to the world that you’re claiming this property as your own,” says Mary C. Anderson, a real estate lawyer in Bothell, Washington. “You begin to occupy a portion of your neighbor’s property, and maybe you plant evergreen trees in that area, and your neighbor says nothing for 10 years. Nor do you ask permission from your neighbor to plant those trees. You are sending a message to your neighbor and the world that this area is mine.”

3. Under a Claim of Right

The adverse possessor must use the land thinking it’s theirs, as, for example, under an erroneous property survey.

4. Adverse and Hostile to the Claim of the Owner

This means that the adverse possessor can’t have the owner’s permission to use the property, for example, by sharing the land with the owner or being a tenant of the owner.

5. Consistent and Continuous

The adverse use must be for the duration of the statutory period — meaning the statute of limitations may reset if the adverse possessor changes conduct in some way that appears as a break in possession.

The factors boil down to the adverse possessor acting in a manner expected of the owner of the real property for a continuous and unbroken period of time.

Find Experienced Legal Help for Adverse Possession Issues

As simple as the factors seem for proving an adverse possession claim or defending against one, there are many areas in which a property owner can make a mistake. Mistakes in real estate are obviously costly. An error could diminish the use, value, or enjoyment of a home, business, farm, or recreational property.

Property owners on either side of a potential adverse possession claim should talk to a law firm or an experienced real estate attorney as early in the process as possible. A real estate lawyer may provide legal advice about clearing a color of title for a claim of adverse possession.