Adverse Possession: What It Means and How To Prevent It

Learn How Adverse Possession Can Impact Property Ownership

In the story of Goldilocks, the problems begin when the title character enters the three bears’ home, sits in their chairs, lies in their beds, and even goes so far as to eat their porridge. She does all of this without the bears’ permission. Real life isn’t a fairy tale, of course, but property owners can face similar issues when their land is used or occupied without their consent, otherwise known as adverse possession.

Understanding how adverse possession works can help you protect your rights and make informed decisions as a property owner.

What Is Adverse Possession in Real Estate?

Adverse possession is a legal concept that allows someone to acquire ownership of a property if they’ve occupied and used it for a long enough period of time without the property owner’s permission. You may have also heard it called by its more informal name—“squatter’s rights.” 

In an adverse possession situation, the person using or occupying the property—also referred to as the disseisor—is the one who may seek legal ownership, not the current title holder. Adverse possession is designed to clarify property ownership when land is used or occupied for an extended period without dispute. 

In some adverse possession cases, when certain conditions are met, the possessor or “squatter” can be recognized as the legal owner. Staying informed about this concept can help homeowners and real estate investors understand the importance of property boundaries.

How Adverse Possession Works

Adverse possession is based on the idea that land ownership should be clear and actively maintained. So, when property use goes unchallenged for a long period of time, the law provides a way to resolve uncertainty and establish clear ownership. Adverse possession isn’t always someone trying to take what’s yours—it can occur intentionally or unintentionally. 

• Intentional adverse possession: When it happens intentionally, it’s typically a squatter situation. The squatter knowingly comes onto and/or into your property. They could be camping on your land or setting up shop inside a home on the property.
• Unintentional adverse possession: When adverse possession happens unintentionally, it can be something as simple as a misunderstanding of where boundary lines are.

In both cases, the adverse possessor can file a claim to have legal ownership of the property transferred to them by meeting the requirements to prove adverse possession. If the claim is successful, the possessor gets to keep the property and doesn’t have to pay the original owner for it. 

Examples of Adverse Possession 

Adverse possession can manifest in various ways, and what constitutes adverse possession in one state may be different in another. But some general examples include:

Boundary Disputes

A neighbor built a driveway that partially crosses your property line. They’ve used and maintained the driveway without your permission—or objection—for years, which could support an adverse possession claim.

Unused Lot or Structure

You’ve been mowing and landscaping a vacant lot next to your home after it repeatedly became overgrown. You even planted a garden there eventually. Because the true owner of the land had been neglecting the lot, you could have a solid adverse possession claim.

Occupying an Abandoned or Vacant Home

A person moves into a visibly vacant or abandoned home and begins living there without the owner’s permission. Over time, they make the property their residence, maintain it, pay the utilities, and openly occupy it rather than hiding their presence. If the legal owner doesn’t take action for many years and all state-specific legal requirements are met, the occupant can pursue an adverse possession claim.

Requirements To Prove Adverse Possession

A successful adverse possession claim has to meet specific requirements. While adverse possession laws vary by state, most claims must meet several standard legal requirements, including:

• Open and notorious: The property use is obvious and visible, not hidden. This requirement is to prove that the owner has had a reasonable chance to notice the situation.
• Actual possession: The person is physically using the property in some capacity, such as living on it, maintaining it, or improving it. 
• Exclusivity: The property is used and controlled solely by the occupant, not shared with the true owner or the general public.
• Hostile or without permission: The use occurs without the true owner’s consent. Despite how this requirement is worded, it doesn’t necessarily imply the property was taken or used by force or with ill intent.
• Continuous use for the required time period: The possessor’s use continues without interruption for the number of years set by the state law.

These elements of adverse possession are widely recognized across the U.S., even though states may define or apply them differently or have additional requirements.

State-Specific Adverse Possession Elements

Adverse possession laws are set at the state level, which means specific rules and timelines can vary depending on where the property is located.

• Statutory period: States require continuous use of the property for a set number of years, which can differ significantly. In California, for example, it’s 5 years, while in New York it's 10. Other states require as many as 20 to 30 years.
• Claim of right: Some states have good-faith standards to determine the possessor’s intent and whether they used the property thinking they had a legal right to it, or if they used it in bad faith.
• Property tax payment: In some states, the occupant is required to pay property taxes on the land during the possession period. In California, for example, this means the possessor will have had to pay property taxes for the continuous five-year period they used the property.
• Documentation or claims: Some states require formal documents, filings, or court action to establish ownership.
• Type of property: Certain states apply different rules to residential, commercial, or government-owned property.

Because these requirements vary, property owners may want to review their state’s laws or consult a qualified real estate professional or lawyer for guidance.

How To Prevent Adverse Possession 

To prevent an adverse possession claim, you can take a few steps as a homeowner or property owner to ensure you don’t find yourself in an unwanted legal battle:

• Get a property title search: Before purchasing a home, get a title search to reveal existing claims, easements, or boundary issues that may need attention.
• Post “No Trespassing” signs: A “no trespassing” sign might not be enough in most states to prevent an adverse possession claim, but it could stop trespassers from taking possession in the first place.
• Clearly mark your property’s boundary lines: Similar to “No Trespassing” signs, making it obvious where your property lines are might be enough to deter potential trespassers.
• Install a gate or fence: Making it more difficult for trespassers to access your property could prevent you from ever having to deal with adverse possession.
• Regularly explore your property: This can help you identify any signs of trespassing and act swiftly.

How To Deal with Trespassers

If you find trespassers on your land or your property is being used without your consent, you need to act as quickly as possible. 

Contact law enforcement to have the trespassers removed and then call an attorney for legal advice. You want to take action before the trespasser has had enough time to meet your state’s requirements for a successful claim.

You can also consider working with the trespasser by offering an opportunity for them to become renters or by permitting them to use your property, provided you have an official written agreement. This can put you in a better position to fight an adverse possession claim.

Adverse Possession vs. Prescriptive Easement 

Prescriptive easements are commonly confused with adverse possession because both involve long-term, undisputed use of property, but they result in different legal rights. 

The difference matters because one can affect ownership of your property, while the other affects how it can be used. Understanding both can help you identify potential property rights issues before they escalate:

Final Thoughts: Protecting Your Property from Adverse Possession

Adverse possession isn’t something most homeowners often think about, but understanding how it works can help avoid unexpected issues down the road. Knowing your property boundaries, paying attention to how your land is used, and addressing concerns early can go a long way toward protecting your ownership rights.

Whether you’re planning to buy, sell, or refinance, having a clear picture of your property’s ownership matters. Freedom Mortgage is always happy to help you with any questions about your home and to make sure you have the best mortgage to meet your financial goals and save you the most money. When you’re ready to explore your options, getting prequalified can help you move forward with more confidence.