Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire validtitleto it, so long as certain requirements are met, and the adverse possessor is inpossessionfor a sufficient period of time, as defined by astatute of limitations.
Thecommon lawrequirements have evolved over time and they vary betweenjurisdictions. Typically, for an adverse possessor to obtaintitle, theirpossessionof thepropertymust be
Continuous
- A single adverse possessor must maintaincontinuouspossessionof theproperty.
- However, the continuity may be maintained between successive adverse possessors if there isprivitybetween them.
Hostile
- In this context, "hostile" does not mean "unfriendly." Rather, it means that thepossessioninfringes on the rights of the trueowner.
- If the trueownerconsentsor giveslicenseto the adverse possessor's use of theproperty,possessionis not hostile and it is not really adverse possession.
- Renterscannot be adverse possessors of therentedproperty, regardless of how long theypossessit.
Open and Notorious
- Possessionmust be obvious to anyone who bothers to look, so as to put the trueowneron notice that atrespasseris inpossession.
- One will not succeed with an adverse possession claim if it is secret.
Actual
- The adverse possessor isactuallyinpossessionof someone else'sproperty.
- The trueownerhas acause of actionfortrespass, which must be pursued within thestatute of limitations.
Exclusive
- The adverse possessor does not share control of thepropertywith anyone else (unless inprivitywith themself).
- Theyexcludeothers frompossession, as if they were the actual owner.
A typicalstatuterequirespossessionfor 7 years, if undercolor of title, or 20 yearsif not. The threshold, however, varies byjurisdiction.
[Last updated in June of 2022 by the Wex Definitions Team]
