Adverse possession is a legal doctrine that allows a person to claim a property right in land owned by another.
Common examples of adverse possession include continuous use of a private road or driveway, or agricultural development of an unused parcel of land.
How do you get adverse possession?
- Occupy the land in a “hostile” fashion. Adverse possession requires that you make a “hostile” claim on the land.
- Possess the land.
- Occupy the land in an “open and notorious” fashion.
- Possess the land continuously and exclusively.
- Pay taxes on the property.
- Read your state law.
- Perform a title search.
What is meant by adverse possession?
Adverse possession is a legal theory under which someone who is in possession of land owned by another can actually become the owner if certain requirements are met for a period of time defined in the statutes of that particular jurisdiction.
Why is adverse possession allowed?
Adverse possession exists to cure potential or actual defects in real estate titles by putting a statute of limitations on possible litigation over ownership and possession. Because of the doctrine of adverse possession, a landowner can be secure in title to his land. The doctrine of adverse possession prevents this.
What states allow adverse possession?
|State||Adverse Possession Statute||Time Required (in Years) for Continuous Possession|
|California||Cal. Civ. Proc. Code § 325||5 (taxes)|
|Colorado||Colo. Rev. Stat. § § 38-41-101, 38-41-108||18, 7 (deed, taxes)|
|Connecticut||Conn. Gen. Stat. Ann. § 52-575||15|
|Delaware||Del. Code Ann. tit. 10 § 7901||20|
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