Adverse Possession

Adverse Possession Definition

Adverse possession is a legal doctrine that allows an individual to acquire ownership of land or building that they do not own by continuous & open possession of the property.

Explanation

Adverse possession was created in order to optimize the use of property neglected by its owner.

Adverse possession can be filed as a claim in court, where the claimant will present their proof of legal possession.

In order for a claimant to successfully claim ownership of the land, they must follow a specific set of criteria.

First the squatter must have opened a notorious possession, meaning they are not hiding and the actual owner is able to find out about the individual using their property.

They must be in possession of the property for a set period, depending on the state laws. In California, for example, during this time they must also pay all state and property taxes associated.

For homes, the claimant usually must live in the property and have actual possession, such as making improvements or building on the home.

With all these specifications met, the claimant may legally claim ownership of the land.

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