What is Adverse Possession?

 

According to Black's Law Dictionary, adverse possession is "a method of acquiring title to real property by possession for a statutory period under certain conditions, esp. a nonpermissive use of the land with a claim of right when that use is continuous, exclusive, hostile, open and notorious."

 

 

Elements of Adverse Possession

 

In order for someone to take the land of another by way of adverse possession, they must show that they meet several requirements.

 

Despite having to prove these elements, many will find that their courts liberally interpret the law; most people usually have no problem in substantiating these elements. They are:

  • Continuous Use
  • Additionally, some states require:
  • Under Color of Title
  • Payment of Property Tax
  • Actual Possession
  • Open and Notorious
  • Exclusive Use
  • Hostile, Adverse Claim of Right

 

That is all one has to show in order to lawfully steal another's property.

 

The tragedy is that this happens all the time in every state. This is why it is time for this ancient doctrine to become a footnote in law school studies.

Informational Links

 

We are in the process of publishing relevant and useful links on the subject of adverse possession.

 

Additonal links to be here soon.

 

More to come!