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What is adverse possession?

QUESTION:

Is it possible to get title to a parcel of land without ever actually receiving a deed to the land?

ANSWER:

The most common method for acquiring title to real property is by deed. However, title to real property can also be acquired by adverse possession.

Title by adverse possession results when an owner fails to take timely action to eject another who is trespassing and claiming rights which are adverse to the owner. If the trespasser maintains adverse possession of the land for the period of time that the owner is given to bring a court action to recover his land, then the trespassing occupant acquires title by adverse possession. A new title is created in the adverse possessor and the title of the record owner is lost.

There are specific and essential requirements which must be met in order for someone to successfully take title away from the record owner. Among these requirements are that the adverse occupier does not have the owner’s permission; and the adverse occupier is asserting total and exclusive control over the property the same as an owner would do. The adverse possession must last for at least seven years and must be continuous and uninterrupted for the entire required time period.

Also, the circumstances of the trespassary possession must be so visible and notorious as to give clear notice to the record owner that someone is trespassing and claiming the property. This generally requires that the trespasser must register the claimed land in his name and pay the taxes for the seven-year period; and the land must be either fenced in or occupied in some other manner that demonstrates possession. Actual knowledge by the true owner is not a requirement.

How can you as an owner protect yourself from such a potential threat? You should periodically inspect the land; keep the taxes registered in your name; pay the taxes; and assert your ownership rights against all trespassers.

This information is not intended as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.

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