Adverse Possession 📜

Adverse Possession is a legal doctrine that allows a person (the adverse possessor) to obtain legal title (ownership) to another person's real estate without paying for it.

This occurs when the adverse possessor occupies the property for a required period of time, as set by state law (the statutory period), and their occupation meets five specific legal criteria.

The Five Key Requirements

While the specific rules vary by state, the claim must typically be:

• Hostile: The possession must be without the true owner's permission and against their rights. (It doesn't mean unfriendly or forceful).
• Actual: The possessor must be physically using the property as an owner would (e.g., living on it, farming it, or fencing it).
• Exclusive: The possessor must not share control of the property with the true owner or the public.
• Open and Notorious: The possession must be obvious and visible to anyone, including the true owner, who cares to look. It cannot be secret.
• Continuous: The possession must be uninterrupted for the entire statutory period (which can range from 5 to 30 years, depending on the state).

(A common acronym to remember these elements is H.A.E. O.N. C.)

Purpose

The doctrine is generally intended to:

• Encourage the productive use of land.
• "Punish" owners who neglect or "sleep on their rights" by failing to defend their property from trespassers for a long time.