What is Adverse Possession?

Adverse possession is a legal concept in property law that allows a person to claim ownership of someone else's property through continuous and unlawful use over a specified period of time. This concept stems from the idea that property should not sit idle and unused while others could be making productive use of it.

Legal Requirements

In order to establish adverse possession, certain requirements must be met. The possession must be:

• Open and notorious
• Hostile and against the rights of the true owner
• Continuous and uninterrupted for a set period (which varies by jurisdiction)
• Actual and exclusive

Property Rights and Ownership Claims

Adverse possession can often arise in boundary disputes, where a person unknowingly encroaches on their neighbor's property and uses it openly and continuously. In such cases, the encroaching party may be able to claim ownership of the disputed land through adverse possession.

Adverse Possession Laws and Cases

Each state has its own laws regarding adverse possession, outlining the specific requirements and timeframes for a successful claim. Adverse possession cases can be complex and contentious, involving detailed legal arguments and evidence to support the claim of ownership through adverse possession.