How to Take Property by Adverse Possession

Adverse possession allows a person to take land from another without compensating him for it. On its face, adverse possession sounds a bit unjust. However, the goal of allowing adverse possession is to force owners to be more mindful of their property and allow those making use of property to be rewarded with ownership.

Instructions

1. Enter the land and begin making use of it. The use can be as simple as planting a vegetable garden or using the land to store equipment. The use must be open and obvious to the true owner. That means you can't just sneak around; it has to be clear to the mindful owner that you are using the land.

2. Use the land for the statutory period. Each state requires you to use the land for a specified period of time. In order to discover this, simply go to your township or look up your state statutes online.

3. Exhibit the statutory behavior required. Each state requires a different type of frame of mind for a legal claim of adverse possession. Some states literally require a good faith adverse possession; meaning that it was simply an honest mistake. Some states ask for a bad faith; they want you to aggressively take the land knowing it belongs to someone else. Some states don't require any state of mind whatsoever. You will find the statutory requirement in the same place you find the period of time you will need to hold onto land. If you are uncertain, consult with a property attorney.

4. Go to court or hire an attorney and ask to Quiet the Title to the land you've been in possession of. If you complied with all statutory requirements and are able to prove your case, the former owner of the land will have his title dissolved and you will now be the legal owner of the property.

Tips & Warnings

• Remember, adverse possession is protected by law. Interpretation of laws are always up to the judge, clever lawyers, and even more clever adverse possessors.

• Until the statutory period has run, you are a trespasser and may be ejected from the land.

References

• Expert Law: Adverse Possession