The exact law regarding adverse possession may vary by state, but the general concept is to provide legal title to someone other than the owner who has been using a piece of land for more than a statutory period (10-20 years.) Put simply, if you used the land for the statutory period as if it was your land, then it is legally yours. This more often than not involves protracted litigation if and when the owner wants to take back possession.
Do you have additional questions regarding adverse possession? Our real estate attorneys are here to assist you throughout the process and answer any questions you may have. Contact a real estate lawyer near you today.
Listed below are the legal aspects you need to be aware of:
Exclusive use in this case does not mean barring anyone else (including the owner) from using the land. It just means the person claiming adverse possession is the only one who acted as if it was his or her land. A related condition is that the claimant has to use and possess the land in an open and public manner that can be seen by others.
Hostile possession may also be acceptable, wherein you retain possession despite both parties being aware of the situation. This may also come under the law of acquiescence, under which the owner has provided permission for you to use the land for more than the statutory period. You cannot claim adverse possession if you were given permission to use the land. Owners who wish to take back possession will have to file a lawsuit to disprove these claims.
Do you or does someone you know need legal information regarding adverse possession? Our real estate lawyers are here to help. Contact a real estate attorney in your area today for more information.
Did you know?
Adverse possession can be granted even if the property has been sold.
If the deed and title gets transferred during the statutory period, you can still claim adverse possession as long as the aforementioned conditions are fulfilled.