What to know about adverse possession

On Behalf of | Oct 5, 2021 | Firm News |

Adverse possession can have a significant impact on the use and value of property. Property owners, potential buyers and sellers should all be familiar with what adverse possession is and its possible impact on a piece of property.

Adverse possession

Adverse possession refers to situations when someone on property acquires property rights. Because adverse possession is a way of obtaining ownership in the land, there are certain requirements that must be met by any party claiming ownership of property through adverse possession.

There are certain requirements that must be met to qualify for adverse possession including that the party claiming adverse possession of the land must have entered onto the land without the owner’s possession, making it adverse; the party claiming adverse possession must be on the land and care for as if it were their own; the party claiming adverse possession must use the land in an open manner; and the party claiming adverse possession of the land must use the land continuously for seven years without sharing possession with others except in certain limited circumstances.

Concerns about adverse possession

When a property owner has concerns about adverse possession and is seeking to remove someone from their land, there are certain time periods and statute of limitations requirements they must meet. Because adverse possession claims can be complex, both parties seeking to make a claim of adverse possession and current property owners worried about one being made against them should be familiar with adverse possession laws. Real estate laws are available to safeguard the interests of property owners, while addressing other property-related concerns that may also come up.