Real Estate Law · Haute Lawyer Network
What Is Adverse Possession?
Last reviewed: June 2026
Adverse possession is a legal doctrine allowing a person who occupies another's land openly and without permission for a sufficient period of time to claim legal title to that land. Sometimes called squatter's rights, the doctrine resolves long-standing disputes over land and rewards productive use of property.
The Elements
To establish adverse possession, possession must be actual — physically occupying and using the property. Open and notorious — visible and obvious such that a reasonable owner would know. Exclusive — not shared with the true owner or the public. Hostile or adverse — without the owner's permission. Permissive use cannot ripen into adverse possession. Continuous — uninterrupted for the statutory period — typically 5-20 years depending on the state.
Protecting Your Property
Inspect your property regularly and promptly address unauthorized use. Grant written permission for any use you allow — which defeats the hostile element. Record your title, pay property taxes, and maintain boundary markers.
Frequently Asked Questions
Can I lose property I own to adverse possession?
Yes, but only if you allow open, continuous, exclusive, and hostile occupation to continue for the full statutory period without taking legal action.
Does adverse possession apply to government-owned land?
Generally no. It applies to privately owned land.
What is color of title?
A document that appears to transfer title but is legally defective. Adverse possession under color of title typically requires a shorter statutory period.
What is a quiet title action?
A court proceeding that definitively establishes property ownership. Successful adverse possessors bring quiet title actions to have ownership officially recognized in public records.
How do I find out if my neighbor is encroaching on my property?
A licensed land surveyor can precisely locate boundaries and identify any encroachments crossing onto your property.
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