What is an Adverse Possession?

Adverse possession is a legal term that enables a person who possesses someone else’s land for an extended period to claim legal title to that land. If successful in proving adverse possession, the claimant is not required to pay the owner for the property. To successfully claim a land under adverse possession, the claimant – also called the disseisor ( the legal owner) – is usually required to demonstrate that his or her ownership of the property meets the requirements such as “Continuous”, “Hostile”, “Open and notorious”, “Actual”, and “exclusive” conditions.
Adverse possession and the obligations to demonstrate it can differ broadly among authorities. In some states, evidence of fee for the expenses and taxes on a property and a document is undoubtedly required for the applicant to be successful. Depends on the time period of each state, the landowner on record can reject the request at any time. For instance, if the state threshold is 10 years and the landlord covers payments for other maintenance on the property in question in the 9th year, then the claimant will have a difficult time proving adverse possession. That said, landowners are recommended to eliminate the chance of any contrary ownership as soon as possible by having signed contracts for any use of the owned property.

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