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.