Adverse Possession
The term adverse possession is a legal principle that allows a person who resides on another person’s land or possesses another person’s land to get a title for that land. There are some conditions that need to be met for this legal principle to be applied so if one simply resides or has possession of someone else’s land, that does not, in itself, grant them title to that land.
The resider or possessor of the land can receive title to the land but the conditions take into account whether they infringe the right of the actual owner and whether they possess the property for a continuous period of time.
What is Adverse Possession in Real Estate?
This legal principle can be applied in the situation where one party gets title to another party’s property. This can be done with or without the other party’s knowledge, intentional or unintentional.
Intentional Adverse Possession
Intentional adverse possession occurs in case a trespasser deliberately occupies another’s land to either live on it or take it. The trespasser is aware that the property is owned, yet they take possession of it, maintain it, and pay taxes for it.
Unintentional Adverse Possession
When a homeowner accidentally builds a fence on their neighbor’s property the situation can turn into an unintentional adverse possession. The trespasser was unaware that the land where he built the fence belongs to someone else, but as the fence is built, the trespasser is entitled to claim property title for the area occupied by the fence.
How Adverse Possession Work in Real Estate?
For adverse possession to work in real estate, there must be a claimant and a defendant. In order to be granted the title of another person’s land, the claimant of adverse possession needs to prove possession, paid taxes for the property, and a deed for the property.
The requirements necessary for the claimant’s demonstration of possession of land are:
- Continuous use - the claimant must show that they had continuous possession of the property
- Hostile takeover - the claimant must prove that there were no rent agreements, leases, or easements with the other party
- Open and notorious possession - the claimant did not hide the fact that they occupied the land and other people know this
- Actual possession - the claimant doesn’t only live there, but they pay taxes, maintain the land of the property, etc.
- Exclusive use - the claimant is the one who uses the property, no one else, and not the real owner.
In other words, adverse possession is a legal way through which someone who does not own the land, may become the owner of the land and granted title to that land. If the claimant is granted the land or property’s title, they are not required to pay the real owner money for the transfer of ownership.
Popular Real Estate Terms
Housing whose rental payments are reduced because of aid granted by the federal, state, or local governments, private enterprises, or individuals. For example, monthly rental payments for ...
Branching is a widespread phenomenon in banking and other financial domains. A branch office defines an office or business bureau that a company opened in another location to provide ...
Supervisor of the operation of apartments while residing in one of the apartments. Some responsibilities include showing vacant apartment to prospective tenants and assuring that the ...
Formal, written, unconditional promise to pay on demand or at a future date a definite sum of money. The person signing the note and promising to pay is called the maker of the note. The ...
Database program that has real estate listings including property photographs. Real estate computer software allows real estate agents and brokers to search for a particular listing by ...
Economic principle determining the market prices of goods, services, and property. The principle states there is a pricing relationship between supply and demand for real property. Economic ...
Depository institution, such as mutual savings banks. If organized as mutual associations, depositors are shareholders, They offer mortgages. ...
The definition of real estate owned (REO) is known by heart by house flippers or by real estate agents specialized in bank owned properties. These are properties that once used to be in a ...
Amount the taxpayer gets back when he or she files the tax return at the end of the reporting year because taxes were overpaid for that year. The tax overpayment equals the tax payments ...

Have a question or comment?
We're here to help.