The Statute of Limitations on Property
A statute of limitations sets forth the expiration date of legal claims. If a claim is raised after the statutory period has ended, the claim will be denied even if there is enough evidence to prove the defendant guilty.
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Adverse Possession
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In property law, someone who uses another person's land as his own is called an adverse possessor. To qualify as adverse possession, the thief's use must be open, notorious, continuous, exclusive and hostile to the true owner. The statute of limitations for property varies by state but most states use an adverse possession term of 21 years.
Tacking
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Adverse possessors may sometimes be "tacked," or added together, to reach the statute of limitations. For example, suppose that your neighbor uses your yard as his own for 10 years then sells his house to someone else, who uses your yard for 15 years. The two adverse possessions would be tacked. Because they add up to more than 21 years, you would no longer be able to bring a lawsuit to reclaim your yard.
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Tolling
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A statute of limitations may be tolled, or paused, when the plaintiff is suffering from certain categories of legal disability, such as childhood or mental incapacity. In this context, the word "disability" refers to the plaintiff's inability to comprehend the adverse possession, not a physical disability.
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References
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