Adverse possession can allow a person to claim ownership of a piece of real property that technically belongs to someone else. If you are a landowner, this means a stranger, a neighbor or even a tenant can legally take your property from you.
The good news is that anyone who claims adverse possession must meet specific requirements. Even better news is that there are several ways to prevent this from happening.
What are the key elements of an adverse possession claim?
For a claim to be successful, the claimant must meet the following elements:
The person must physically occupy or use the property.
The possession must be visible, notorious and obvious to others.
The possessor must have exclusive control over the property.
The possession must be without your permission and against your interests.
The claimant must possess the property for five years.
Although the legal principle of adverse possession might seem unfair to true owners, it actually serves several purposes. Generally, it aims to encourage the productive use of land and help resolve uncertainties about land ownership over time.
Nevertheless, no landowner would want anyone else to take over their property.
How can landowners avoid adverse possession?
Adverse possession can happen intentionally or unintentionally. An example of the latter would be a neighbor unknowingly encroaching on your property.
In intentional cases, the possessor knowingly takes over or lives on your land without compensating you. Sometimes, the goal is to eventually gain ownership of your land.
Luckily, there are many ways to avoid this:
Conduct routine checks: Inspect your property regularly, especially the boundaries, to make sure no one is encroaching or using it without your permission.
Maintain clear boundaries: Mark your property lines with fences, hedges or other visible markers.
Address encroachments quickly: If you notice any unauthorized use of your land, address it immediately through communication or legal means if necessary.
Grant permission selectively: If you allow someone to use part of your property, create written permission with a specific timeframe to prevent claims of hostile possession. If you have a squatter, offer rent so they cannot file a claim.
Pay your taxes on time: Make sure you are up to date on property tax payments.
If preemptive measures don’t work, you may need to file a trespassing lawsuit or quiet title action to affirm your ownership rights. Consider talking to an attorney who can help you understand your legal options and protect what’s rightfully yours.