What is Adverse Possession?

Trespassing is an increasingly icky-sounding word when you own your property. You can put up signs to avoid having a trespasser on your property, or solicitors, you can also explain to your neighbor that the 2 feet that he’s mistaking for his when putting up his new fence are, actually, your property. What about an adverse possession?

Well, adverse possession is a legal principle in which a person who had no legal title to a property acquires legal ownership based on their continuous occupation of that property. This sounds pretty illegal, like squatting, but it isn’t because you have to meet a few elements in your “inhabiting” of the property for adverse possession: The first would be that you are in physical possession, or “actual possession” of the property. After that box is checked you must also occupy the property in a way that is open and obvious to all who you live amongst, like neighbors. You must also be seeking possession without the consent of the owner, if the owner gave you consent then this would not be an instance of adverse possession. You must have continuous possession of the property for a time set out by the state in which the property is located. If all of those things are met the last would be that you are the exclusive person seeking the adverse possession and no other parties will lay claim on the property with or against you.

If you’re in the process of legally buying or refinancing a property and would like to obtain your property’s title Gables Title Group is happy to show you the simplest experience in closing your deal.