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Adverse Possession

Adverse possession is an interesting doctrine in the law, and if you own remote land, it is a doctrine of which you should  be aware.   Simply put, adverse possession is a hostile but completely legal way to assume ownership of someone else's land simply by using the land or living on the land for a required (statutory) length of time, which can vary state to state and range from 5 years to 20 years.  So if your neighbor lays claim to your land by building a cabin on it and you do not dispute it, eventually the land will no longer be yours, and your neighbor will own it instead.   You will have essentially abandoned your property rights.

There are several elements that must be met for a change in property ownership to occur:

  • The person wanting to take ownership of the land must live on the land or use the land and must be in "continuous and peaceable possession" for the statutory period of time required in that state

  • The possession must be out in the open for all to see 

  • Some states require the person wanting ownership to pay property taxes on the land

  • The possession must be hostile, meaning the person wanting ownership makes a claim to the land even though he has no right to the land

  • The possession must be exclusive to the person wanting ownership of the land

  • The actual owner of the land does nothing to stop the "trespasser" from living on the land or using the land

The lesson here is if you own property somewhere remote and do not get out to check on it every couple of years, and someone decides to dig a well on it and use it or tows a mobile home onto it and moves in, you are in danger of losing ownership to the land.  If you do find someone openly laying claim to your land, issue them a written notice that you are the owner and that they are trespassing.  You must demand that they leave at once.  If they do not leave, then it is time to hire an attorney to start proceedings to remove them.  Do not "sleep on your rights" or you could lose ownership of the land.

On the other side, if you find an abandoned piece of land and start living on it or using it and follow the statutory guidelines in that state, you may up owning the land without ever paying a dime for it.