Adverse Possession
What Is Adverse Possession?
Adverse possession is the legal term for the process of someone gaining rights to a piece of land after continuously occupying it for a length of time.
Under adverse possession, also called squatter's rights, a non-owner may be granted owner's rights after meeting specific requirements. State laws vary on adverse possession, and some states apply these laws to intellectual and digital property in addition to real estate.
What Are Adverse Possession Requirements?
Although the requirements to claim adverse possession vary between states and even jurisdictions, providing proof of payment of property taxes and possession of a deed are essential parts of the process.
Here are the typical requirements for adverse possession.
- The claimant's possession and use of the property must be continuous and uninterrupted.
- The possession of the property must be of a hostile nature, meaning it takes place without the owner's permission.
- The claimant must occupy a property in a manner that is open and obvious. This behavior can include receiving mail at the address, mowing the lawn, and paying property taxes.
- Possession of the property must continue for the state's set period, which can range from two to 30 years.
- The person seeking adverse possession must occupy and act as the owner of the property during the specified time period.
In most cases, the burden of proof of adverse possession is on the claimant.
Adverse Possession vs. Squatting
In many jurisdictions, adverse possession is known by the colloquial name squatting. However, the term adverse possession is the preferred term for the legal process of taking over ownership of a property, while a squatter typically is someone who is intentionally occupying an abandoned home or building.
Adverse possession is also sometimes referred to as homesteading. The term homesteading would apply when someone is occupying and using government-owned land without a lease.
How to Prevent Adverse Possession
If you own property you do not occupy, there are steps you can take to prevent adverse possession.
First, inspect your deed to be clear on the exact boundaries of your land. If you are unsure of the precise boundaries, hire a professional to conduct a land survey and mark the property lines.
If you allow neighbors to use some of your property, get that agreement in writing in the form of a legal easement. Having this document can prevent the claim of adverse possession.
Another way to prevent adverse possession is to inspect the property at regular intervals or have someone you trust inspect it for you. With this step, you can notice signs of occupation in a timely manner.
Finally, a fence along the borders of your property with clear signage that states "Private Property" and "No Trespassing" can help discourage squatters.
Helpful Resources:
Cornell Law - Adverse Possession
American Bar Association - Adverse Possession in Property Ownership Disputes
What Is Adverse Possession?
Adverse possession is the legal term for the process of someone gaining rights to a piece of land after continuously occupying it for a length of time.
Under adverse possession, also called squatter's rights, a non-owner may be granted owner's rights after meeting specific requirements. State laws vary on adverse possession, and some states apply these laws to intellectual and digital property in addition to real estate.
What Are Adverse Possession Requirements?
Although the requirements to claim adverse possession vary between states and even jurisdictions, providing proof of payment of property taxes and possession of a deed are essential parts of the process.
Here are the typical requirements for adverse possession.
- The claimant's possession and use of the property must be continuous and uninterrupted.
- The possession of the property must be of a hostile nature, meaning it takes place without the owner's permission.
- The claimant must occupy a property in a manner that is open and obvious. This behavior can include receiving mail at the address, mowing the lawn, and paying property taxes.
- Possession of the property must continue for the state's set period, which can range from two to 30 years.
- The person seeking adverse possession must occupy and act as the owner of the property during the specified time period.
In most cases, the burden of proof of adverse possession is on the claimant.
Adverse Possession vs. Squatting
In many jurisdictions, adverse possession is known by the colloquial name squatting. However, the term adverse possession is the preferred term for the legal process of taking over ownership of a property, while a squatter typically is someone who is intentionally occupying an abandoned home or building.
Adverse possession is also sometimes referred to as homesteading. The term homesteading would apply when someone is occupying and using government-owned land without a lease.
How to Prevent Adverse Possession
If you own property you do not occupy, there are steps you can take to prevent adverse possession.
First, inspect your deed to be clear on the exact boundaries of your land. If you are unsure of the precise boundaries, hire a professional to conduct a land survey and mark the property lines.
If you allow neighbors to use some of your property, get that agreement in writing in the form of a legal easement. Having this document can prevent the claim of adverse possession.
Another way to prevent adverse possession is to inspect the property at regular intervals or have someone you trust inspect it for you. With this step, you can notice signs of occupation in a timely manner.
Finally, a fence along the borders of your property with clear signage that states "Private Property" and "No Trespassing" can help discourage squatters.
Helpful Resources:
Cornell Law - Adverse Possession
American Bar Association - Adverse Possession in Property Ownership Disputes