What is Adverse Possession?
Adverse Possession is a way to obtain land by simply using it instead of paying for it. Most common is the situation where someone owns undeveloped land that is being occupied by another without the actual owner knowing about it. How is Title Different than Possession?
Title refers to legal ownership such as having the deed. Possession refers to physical control of property. For instance, an abandoned building that squatters have taken over would give the squatters possession since they have physical control of the land, but the owner still has legal title. What Gives Another Person Rights to My Land / Adverse Possession?
For a person to have adverse possession over a property he must: - act like the true owner ¿ maintain the property, pay taxes, etc.;
- openly act as if he owns the land;
- use the property without the consent of the land¿s legal owner and pay no rent; and
- use the property for a period of time specified by law, usually 10 ¿ 20 years.
Do I Need an Attorney for my Adverse Possession Problem?
The laws dealing with adverse possession can be intricate and difficult to understand. A real property attorney can help determine if your land has been adversely possessed and what legal rights you have. If you have to go to court to establish your ownership of the land an experienced real property lawyer can file the necessary paperwork and represent you. |
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