Adverse Possession
Definition and meaning of Adverse Possession in real estate.
Adverse possession is a legal doctrine that allows a person to claim ownership of land owned by someone else if they occupy it without permission for a legally specified period. To successfully claim title, the possession must meet several strict legal requirements.
In more detail
The occupancy must be open, notorious, continuous, hostile, and exclusive. This means the occupier must use the land openly as an owner would, without hiding, and without the actual owner's consent. The required time frame varies by state, typically ranging from five to twenty years.
Property owners can prevent adverse possession by regularly inspecting their land and taking legal action to remove trespassers.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Required timeline | Typically five to twenty years depending on the state |
| Key requirement | Occupancy must be continuous and without the owner's permission |
| Prevention method | Regular land inspections and formal eviction of trespassers |
A neighbor builds a fence that encroaches a few feet onto an adjacent property and maintains it continuously for the required statutory period, meeting the state timeline to file a lawsuit to claim legal ownership of that strip of land.
Frequently asked questions
Can you claim adverse possession on government property?
In almost all cases, you cannot claim adverse possession against land owned by federal, state, or local government entities.
Does paying property taxes help an adverse possession claim?
Yes, in many states, paying property taxes on the occupied land is a key legal requirement for a court to grant ownership.
What does hostile mean in adverse possession?
Hostile does not mean aggressive or violent; rather, it means the possession is contrary to the true owner's property rights and without their permission.
Related terms
Sources & references
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