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 North Dakota, adverse possession laws allow a person to claim ownership of property not legally theirs if they meet certain criteria. The individual must occupy the property continuously, exclusively, hostilely, openly, and notoriously for a period of 20 years, as per North Dakota Century Code (NDCC) § 47-06-03. This means the individual must treat the property as their own, without permission from the legal owner, and their possession must be obvious to anyone, including the owner. If these conditions are met for the full period, the individual may be able to claim legal title to the property. It's important to note that adverse possession claims can be complex and typically require legal proceedings, where the court will determine if the claimant has met all the legal requirements. Property owners should be vigilant about unauthorized use of their property to prevent such claims. An attorney can provide specific guidance on adverse possession claims in North Dakota.