Adverse Use
Definition and meaning of Adverse Use in real estate.
Adverse use is the act of using another person's real property without the owner's permission or legal authorization. While it is similar to adverse possession, adverse use usually refers to the unauthorized use of land rather than an attempt to take full ownership of it.
In more detail
This type of use is often associated with the creation of a prescriptive easement, which grants the user a legal right to continue using a specific portion of the property. For a prescriptive easement to form, the adverse use must be open, continuous, and hostile for a set period defined by state law.
Property owners can stop adverse use by granting written permission, which destroys the hostile requirement, or by blocking the access.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Resulting right | Typically leads to a prescriptive easement rather than ownership |
| Owner defense | Granting written permission or blocking the unauthorized access |
| Common examples | Walking paths, shared driveways, and utility line crossings |
A person drives across a neighbor's gravel driveway daily to reach their own property without asking, and does so continuously for the number of years required by state law to claim a permanent right of way.
Frequently asked questions
What is the difference between adverse use and adverse possession?
Adverse use involves using someone else's land for a specific purpose without claiming ownership, whereas adverse possession is a claim for full legal title to the property.
How can a landlord prevent adverse use?
A landlord can prevent adverse use by posting visible signs that grant temporary permission or by entering into a formal easement agreement with the user.