Adverse possession—sometimes called squatter's rights—occurs when a person or entity who does not own a certain piece of real property occupies or uses it in a way that is adverse to the owner of the property—meaning the use is in conflict or at odds with the property owner’s interests.
If this adverse possession or use of the property meets the legal standard for adverse possession—often described as use that is continuous, exclusive, hostile, open, and notorious—and continues for the prescribed period of time (usually specified in the state statute)—the person or entity adversely possessing or using the property will acquire ownership of the property (title). This ownership will result in the changing of boundary lines.
Because the required adverse possession must be open, obvious, and adverse to the owner’s interests, title may only be acquired by adverse possession to the portion of property that is used in that way.
Adverse possession laws vary from state to state and may be located in a state’s court opinions (also known as common law or case law) or, more often, in its statutes.
In Mississippi, adverse possession laws allow a person to claim ownership of a property if they have occupied it in a manner that is open, notorious, continuous, exclusive, and hostile for a period of ten years, as per Mississippi Code Section 15-1-13. The occupation must be such that it would give the legal owner a cause of action for ejectment. For the claim of adverse possession to be successful, the possessor must have acted as though they are the true owner of the property, without permission from the legal owner, and their possession must be evident to anyone who investigates the property. If all legal requirements are met over the statutory period, the adverse possessor can potentially acquire legal title to the property, which may result in changes to the boundary lines. It is important to note that adverse possession claims can be complex, and the specific facts of each case can greatly affect the outcome. Therefore, individuals involved in such matters often seek the advice of an attorney to navigate the legal intricacies.