What Is Adverse Possession? Examples Of Adverse Possession
What Is Adverse Possession?
Adverse possession refers to a legal principled document that grants title to someone who resides on or is in possession of another person’s land.
It is an award of ownership of land given to a person who resides on or is in possession of the land that is owned by another person.
The property’s title is granted to the possessor as long as certain conditions are met including whether they infringe on the rights of the actual owner and whether they are in continuous possession of the property.
What Are The Examples Of Adverse Possession?
The following are the examples of adverse possession:
- A landlord who has placed a shopping center on land and has paid taxes on the land may be able to claim adverse possession of the land if he continues to maintain possession, even if he is not paying rent.
- A squatter who occupies the homes and lands of longtime citizens may have a claim for adverse possession against those properties if they continue to occupy it regardless of any other claims made by others.
- A person who has lived in the same home for a long period of time may be able to claim adverse possession of the properties against those properties if they continue to occupy it regardless of any other claims made by others.
- A person who works in a particular firm for a long time, may have an adverse possession claim over that property if he continues to work in that particular firm despite knowing about others claims.
- A person who has lived in the same house since its construction may be able to claim adverse possession of the house against those who have occupied it rent free.
What States Allow Adverse Possession?
The following states allow adverse possession as follows:
Alabama-In Alabama, a person who holds land for 15 years may gain title by adverse possession.
Arizona-In Arizona, a person can gain title to property after 10 continuous years of possession.
Arkansas –In Arkansas, a person can gain title to property after 10 continuous years of possession.
Colorado – A person who occupies real estate with the permission of its owner is not considered to be in actual possession unless an act of ownership has been performed by the possessor within 10 years before recording the affidavit claiming title by adverse possession.
Arizona-In Arizona, if a person has held the land for 15 years, they can gain title to land by adverse possession.
Idaho – In Idaho, a person may gain title to property after 10 continuous years of possession.
Kansas – In Kansas a person can gain title to property after 10 continuous years of possession.
California-In California, a person can gain title to property after 10 continuous years of possession.
Colorado – In Colorado, a person may acquire title by adverse possession, but only if they hold the land in “open and notorious” possession for 15 years and make an effort to maintain control of the land as their own. At no point must the possessor claim ownership or be in actual possession of 10 acres or more at once; to do so would be theft of real property and subject to prosecution.
Colorado-In Colorado, if a person has held the land for 10 continuous years, they can gain title to land by adverse possession.
Florida-In Florida, a person may gain title by adverse possession after 15 years of continuous use and occupation.
Georgia –In Georgia, a person may gain title by adverse possession after 15 years of continuous use and occupation of the land.
Iowa – In Iowa, a person can gain title to property after 10 continuous years of land ownership
New York -in New York, a person may gain title by adverse possession after 10 continuous years of possession.
North Carolina –In North Carolina, a person may gain title to property after 10 continuous years of land ownership
North Dakota – In North Dakota, a person is entitled to gain title by adverse possession if they occupy the land for 15 years and make an effort to maintain control of the land as their own.
New Jersey-In New Jersey, a person can gain title by adverse possession after 10 continuous years of possession.
New Mexico –In New Mexico, a person may gain title by adverse possession after 10 continuous years of possession.
Oregon-In Oregon, a person may acquire title by adverse possession if they occupy the land for six years and make an effort to maintain control of the land as their own.
Idaho– in Idaho, a person is entitled to gain title by adverse possession if they occupy the land for 15 years.
Washington-In Washington, a person is entitled to gain title by adverse possession if they occupy the land for 15 years.
Virginia-a person who has lived on real property continuously for 10 years may gain title to that property by adverse possession.
West Virginia in West Virginia, a person can gain title by adverse possession after 10 continuous years of possession.
Texas-In Texas, a person who has occupied the land continuously for five years may gain title by adverse possession.
Minnesota –In Minnesota, a person can gain title to land by adverse possession after 10 continuous years of occupation.
South Carolina-In South Carolina, a person can gain title to property by adverse possession after 15 continuous years of occupation.
Arkansas-In Arkansas, a person can gain title to property after 10 continuous years of possession.
Who Can Claim Adverse Possession?
Anyone who has occupied someone else land for a period of time. For example, the property owner can claim possession through adverse possession when a person lying on the land is occupying it by mistake or in ignorance of the real owner.
The same applies to a person who enters your land on a mistake of fact or law. This means that if you gave someone permission to use your land then you may lose your rights to that property because of the mistake.
What Are The 5 Requirements For Adverse Possession?
- Continuous possession:
The person must continue to physically own, possess and use the property despite an objection from the true owner.
- Use:
You must have engaged in active use of the land continuously with some legal right to do so.
- Open and notorious:
If a person is not actively engaged in possession of their land, then it’s not adverse possession unless there is evidence that they were about to begin active occupation of their property and that the owner had no opportunity to object.
- Hostile use:
There must be a clear statement that you are occupying the land in defiance of the owner’s rights. This can be done by:
- Fencing off the land;
- Locking the gate to prevent others from entering;
- Placing a “for sale” sign on the property.
- Exclusive possession:
You do not have exclusivity if your possession is shared with another person – even if it’s your spouse, family member or friend whose name is on the deed or title.
What Is The Rule Of Adverse Possession?
The rule of adverse possession is the legal principle that provides for a person who occupies another’s land without permission to be awarded property title to it.
Adverse Possession applies to cases where a property owner seeks to establish his or her right to take possession of his or her own land or property.
If someone occupies your land without permission and also pays taxes, you may have an adverse possession claim against that person. Other states may provide for adverse possession as well.
What Evidence Do I Need For Adverse Possession?
You must have evidence to prove that you have been in “exclusive possession and control” of the property for 10 years. You need to keep track of the time that you have lived on the property.
You can use some type of document, such as a diary, calendar or journal listing important information about your residence on the property.
Adverse possession does not necessarily mean taking or stealing someone’s land. It also does not mean trespassing or uninvited entry onto another person’s land.
Can Adverse Possession Be Challenged?
Yes and to some extent it’s not possible to challenge. Most adverse possession claims are eventually settled. However, there are times when someone’s ownership of the property must be challenged.
If someone challenges your claim to adverse possession, they will prove that they are the true owner of the property by showing that you did not have exclusive possession of their land for 10 years. You can dispute your claim by taking legal action to overcome their legal presumption that you were a trespasser in their home.
What Are The 4 Elements To Adverse Possession?
- The claimant must be the real owner of an interest of land.
- Possession with intent to occupy.
- That the claimant has exclusive possession for 10 years.
- Actual occupation for same time period.
Can Adverse Possession Be Used As Evidence In Court To Title?
Yes, adverse possession evidence can be utilized as an element of proof by a person who claims that he or she is the true owner of a piece of property via adverse possession e.g. that you had exclusive and continuous possession for 10 years).
What Are The Conditions For Adverse Possession?
The following are the conditions for adverse possession:
- The claimant must be the owner of an interest of land.
- The right to possession must be exclusive and continuous throughout the entire period during which it is claimed (10 years).
- Possession with intent to occupy a land.
- Actual occupancy of the property by the claimant for 10 years.
- Timely filing of a claim or suit to obtain title.
- Actual notice of the possession by the owner.
- Judgment for the claimant.
- Recording of the Court’s judgment into title records.
- Payment of taxes on the property for 10 years.
- All other requirements of law must be met.
