What is Adverse Possession?
Adverse possession is a legal doctrine that allows a person who does not have legal title to land to gain legal ownership of it, if certain conditions are met. In order for adverse possession to occur, the person claiming the land must have been in continuous, exclusive, and uninterrupted possession of it for a period of time specified by state law. The period of time required for adverse possession varies from state to state, but is typically between 5 and 20 years.
Adverse possession is often referred to as „squatters’ rights,” because it is often used by people who squat on vacant land or abandoned property. However, adverse possession can be used by anyone who meets the requirements, even if they are not technically squatting. For example, if you have been using a piece of land as your own for many years, but it is actually owned by your neighbor, you may be able to claim adverse possession of the land.
What Are the Requirements for Adverse Possession?
In order for adverse possession to occur, the following requirements must be met:
The person claiming the land must have been in actual, physical possession of it. This means that the person must have been using the land for their own purposes, and that no one else was using it at the same time.
The possession must be exclusive. This means that the person claiming the land must have been the only person using it. If other people were using the land as well, then adverse possession cannot occur.
The possession must be uninterrupted. This means that the person claiming the land cannot have left it for any period of time. If the person leaves the land, even for a short time, the clock starts over and they must begin the process again.
The possession must be continuous. This means that the person claiming the land must have been using it for the entire time period specified by state law. If the person stopped using the land for even a short period of time, the clock starts over and they must begin the process again.
The person claiming the land must have had the intention of using it as their own. This is typically proven by the fact that the person claiming the land paid taxes on it, improved it in some way, or otherwise treated it as if it were their own.
In some states, the person claiming the land must give notice to the owner that they are claiming the land. This is typically done by posting a notice on the land or filing a document with the court.
Once the requirements for adverse possession have been met, the person claiming the land will gain legal ownership of it. They will then have the same rights as any other property owner, including the right to sell the property or will it to someone else.
What Are the Risks of Adverse Possession?
There are a few risks associated with adverse possession. First, if the requirements for adverse possession are not met, the person claiming the land may be sued by the legal owner and be forced to leave the property. Second, if the legal owner does not discover that the land has been claimed by someone else, they may sell the property to someone else, who would then have the legal right to evict the person claiming the land. Finally, if the legal owner does eventually discover that the land has been claimed by someone else, they may be able to file a lawsuit to regain ownership of the property.
Despite the risks, adverse possession is a legal way for someone to gain ownership of land that they do not have legal title to. If you are thinking about claiming adverse possession of a piece of property, you should consult with an experienced attorney to discuss your specific situation.