What Does Adverse Possession Entail?

Adverse possession is a legal principle that automatically transfers property ownership between two people based on occupancy, commonly referred to as squatter’s rights or illegal occupation of homes and land. While adverse possession does transfer ownership automatically between those in occupation, it does not grant anyone illegally taking up residence in them without legal recourse or permission from their landlords or land owners.

Adverse possession is most frequently employed between neighbors. For instance, if one neighbor installs their fence a foot onto your property and uses it exclusively for their own needs for an extended period of time without making payments, they could claim adverse possession of that land and claim adverse possession as their own.

This issue typically becomes evident only when an attempt to sell is made and a land survey reveals discrepancies in legal ownership of the land. At that time, proper action must be taken in regards to legal title of ownership of this parcel of property.

Legal Framework of Adverse Possession
Each state defines adverse possession differently; however, certain requirements remain universal throughout the United States:

Actual and Continuous Use: For legal ownership to be claimed on property, its occupant must physically occupy it over an established time period and demonstrate proof of maintenance completed or taxes paid during possession. Some states may also require proof that taxes have been paid during possession.
Exclusive Possession: Anyone seeking adverse possession must hold sole possession of the property they’re claiming against the original owners and must not share possession.
Hostile: Being hostile doesn’t necessarily indicate an antagonistic stance on behalf of those making claims against property that haven’t received prior permission from its actual owner.
Open and noticeable: Anyone seeing the property would likely suspect the trespasser is the owner, since their use or assumption they own it cannot be hidden from view.
Adverse possession claims depend on evidence of actual and continuous use of property; it’s one of the hardest elements to prove.

Each state varies in their length of use requirements. Some require five to seven years while some can go as long as 20. Additionally, many require proof that ownership has been proven with tax bills as an example of proof.