Property adverse possession claims can quickly become complicated, and the laws differ from state to state. However, it is always important to understand the intricacies of these legal doctrines to avoid getting ripped off by neighbors or others who may encroach on your land rights.
In order to claim adverse possession, someone must occupy real estate without the permission of its owner for the state’s predetermined statutory period, which can range from three to 30 years. Many states also require some type of documentation, such as proof of paying taxes or a deed, in order to be awarded title to the land. Also read https://www.kentuckysellnow.com/we-buy-houses-fort-thomas/
Occupation must be hostile: This means the trespasser must use the land without the permission of the owner and must do so in a way that is open, notorious, and continuous. The disseisor must also not acknowledge the ownership of the land to anyone, including to himself or herself.
The statutory period of time needed to acquire adverse possession must be continuous and uninterrupted, and cannot be interrupted by a return of the legal owner or an acknowledgment of the adverse possessor’s ownership of the land. The statutory period of time must be completed in order to obtain title to the land, and is not tolled in any way if the original owner is a minor (under the age of majority) or a mental invalid (so that he or she is not capable of knowing right and wrong).
Despite the above requirements, many courts have interpreted these concepts rather loosely. For instance, a court may allow a disseisor to “tack on” his or her statutory period to a previous occupant’s period if the previous occupant acquired title by way of an erroneous deed that was recorded in color of title, showing “color of ownership.”
In addition, some courts have allowed a disseisor to gain adverse possession to a portion of a parcel of land that is less than the full area described in the color of title. This is often referred to as “participating in a partition suit.”
A property owner can defend against an adverse possession claim by demonstrating that the disseisor did not meet the statutory elements, or that the statutory element of a continuing hostile occupation was not met. For example, a homeowner can demonstrate that the trespasser did not continuously and openly use the land as a
garden or farm, but instead used the land as a shortcut through the property or for hunting and fishing. The homeowner could also provide written proof of consent or an easement granted in favor of the trespasser for this specific purpose, which would prove that the trespasser did not have the right to make a claim of adverse possession. Finally, the owner can hire a lawyer to prosecute or defend an adverse possession claim in the state’s supreme court. For example, the New York Supreme Court’s Real Property Actions and Proceedings Law section 501.
