Definition of Adverse Possession
How does Adverse Possession work?
Types of Adverse Possession
What it means for your property
Definition of Adverse Possession
Adverse possession is a legal doctrine under which a person can acquire ownership rights to property or land owned by someone else. The rules vary from state to state, but generally, a person may claim adverse possession after they have inhabited or maintained possession of a piece of land for a specified period of time.
How does Adverse Possession work?
Adverse possession occurs when someone occupies real property without permission from the owner/attacker/trespasser. The owner must attempt to remove them within a certain time frame; otherwise, the person acquiring the property may do so legally through adverse possession.
Types of Adverse Possession
Adverse possession can happen in various ways. First, adverse possession can be granted to someone who intentionally occupies property that does not belong to them, such as a trespasser or squatter, who stays for an extended period. This may occur when an absent owner fails to check the property that someone has made their home. If enough time passes according to state law, the squatter may be granted title to the property.
Another form involves encroaching neighbors, such as a neighbor who builds beyond their property line or erects a fence that crosses the correct property boundary of the rightful owner. This sometimes happens accidentally, but it may lead to adverse possession if the infringement continues long enough.
What it means for your property
Adverse possession can create legal problems for the property owner, but there are ways to avoid it. The best way to prevent unauthorized occupation is to continuously monitor the property and ensure that everything is secured and properly enclosed.
If a neighbor encroaches on your land, if the owner grants written permission to the neighbor to use the land, they will not be granted title to the land as it would not meet the hostile requirements necessary for adverse possession. However, be aware that allowing a neighbor to build on your land or encroach upon it may create difficulties when you try to sell it.
If you find yourself in a situation where someone is about to claim adverse possession, consult an attorney to help you file a legal action to remove the party and/or recover the property.
Source: https://www.thebalancemoney.com/what-is-adverse-possession-5198845
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