What is Adverse Possession? | Redfin

Key takeaways

• Adverse possession allows someone to claim legal title to another person’s property
• Possession of the property must be hostile, continuous, open and notorious, actual, and exclusive
• Easements, clearly identified property lines, and renting out the property can prevent adverse possession

When you buy a home, you naturally assume you’ll have full ownership and control over it. And that’s almost always the case. But in rare cases, through something called adverse possession, someone could gain title to your property.

The adverse possession laws vary from state to state, but each state has a version of one. And though it’s only in extremely rare situations that someone could gain title to another person’s property by adverse possession, it can still be helpful to understand how it works and in what situation it could happen.

What is adverse possession in real estate?

Adverse possession is a legal doctrine that allows for a person in possession of someone else’s real estate to acquire a valid legal title to the property. If a person successfully claims adverse possession over someone’s property, they could gain legal ownership. If they prove adverse possession over a portion of someone else’s land, they may not have to pay the owner to use it.

Don’t worry – adverse possession isn’t something that could happen over the course of just a few months. In fact, many states have statutes of limitations for adverse possession.

Additionally, certain common law requirements, such as continuous possession, hostile possession, open and notorious possession and more must be met. The adverse possessor must also hold the property for a certain period, which differs depending on the statute of limitations.