Adverse Possession
Adverse possession is a legal doctrine that allows someone to claim ownership of land after occupying it openly, continuously, and without permission for a statutory period, typically ranging from 5 to 20 years depending on the state.
Exam Tip
Remember OCEAN: Open, Continuous, Exclusive, Adverse, Notorious. Statutory period varies by state (5-20+ years). Cannot claim government land!
What is Adverse Possession?
Adverse possession is a legal principle that allows a trespasser to gain legal ownership of land by occupying it in a specific manner for a required period of time. Often called "squatter's rights," this doctrine can transfer property ownership without the original owner's consent.
Required Elements (OCEAN)
| Element | Description |
|---|---|
| Open & Notorious | Possession must be visible and obvious |
| Continuous | Uninterrupted for statutory period |
| Exclusive | Possessor treats it as their own |
| Adverse/Hostile | Without owner's permission |
| Notorious | Owner could discover if they checked |
Statutory Periods by State
| Time Period | Example States |
|---|---|
| 5 years | California (with color of title + taxes) |
| 7 years | Many states with color of title |
| 10 years | New York, Texas (some situations) |
| 15 years | Connecticut, Kansas |
| 20 years | Many states (common law default) |
| 21 years | Pennsylvania |
Additional Requirements (Some States)
| Requirement | Description |
|---|---|
| Color of Title | Some claim of ownership (even if defective) |
| Payment of Taxes | Must pay property taxes during period |
| Good Faith | Honest belief of ownership |
| Improvements | Made improvements to property |
What Adverse Possession is NOT
- Cannot claim government-owned land
- Cannot claim land you have permission to use
- Cannot "tack" periods from different possessors (usually)
- Lease or license defeats the claim
Practical Applications
- Boundary disputes - Fence built on neighbor's property
- Abandoned property - Occupying vacant land
- Title defects - Correcting old ownership issues
- Encroachments - Structures extending onto neighbor's land
Defenses Against Adverse Possession
- Grant permission (converts to license)
- Bring ejectment action within statutory period
- Record written notice of trespass
- Maintain clear boundaries
Study This Term In
Related Terms
Title
Real EstateTitle is the legal right to own, use, and dispose of real property, representing the bundle of rights that come with property ownership.
Deed
Real EstateA deed is a legal document that transfers ownership (title) of real property from one party to another.
Quiet Title Action
Real EstateA quiet title action is a lawsuit filed to establish ownership of real property and remove any clouds, claims, or disputes affecting the title, resulting in a court judgment that "quiets" all challenges to ownership.