Adverse Possession and “Squatters Rights”: What You Need to Know
Posted November 17, 2023
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Adverse Possession is a legal concept that allows a person to gain ownership of a piece of real property that they do not have legal title to, provided they possess it for a specified period of time and meet certain other conditions. It is often colloquially referred to as "squatter's rights," although that term can sometimes be misleading.
For a claim of adverse possession to be successful, the possession must generally be:
Hostile - This doesn't mean "aggressive" in the violent sense. Rather, the possessor's occupation of the land is against the right of the true owner and without permission.
Actual - The possessor must physically occupy the land.
Open and Notorious - The possession is visible and obvious so that if the owner made reasonable inspections of the land, he/she would be aware of the unauthorized possession.
Exclusive - The possessor is treating the land as their own, to the exclusion of all others, including the true owner.
Continuous for the statutory period - The possessor must occupy the land for a certain uninterrupted period. This period varies from state to state but can range anywhere from 5 to 30 years.
The rationale behind adverse possession is multifaceted. It encourages landowners to be vigilant and make productive use of their property, punishes those who are neglectful of their property rights, and aims to ensure that land ownership disputes are resolved in a timely manner.