Part of living in a civilized society is getting along with the people around you. Being friendly with your neighbors makes for a more pleasant community, and if they sometimes have their stuff slightly over the property line, that’s okay too.
If that scenario sounds familiar, you might change your mind after reading this.
What is adverse possession?
Adverse possession allows someone to gain ownership of someone else’s land under the following conditions:
- The claimant has to occupy the property for at least 7 years under a “color of title”. For example, they have a title that they believe to be valid but is actually defective or invalid. If there is no color of title, the required period of occupation extends to 30 years.
- During the statutory period, the claimant must continuously use the property.
- The use of the land must be visible and apparent so that the owner and public are aware of the claimant’s presence.
- The claimant must use the land exclusively and not share it with others, including the owner.
- The claimant isn’t being hostile towards the owner. Instead, they are merely using the land without permission.
- The claimant must be physically using or occupying the property to demonstrate they are in control of it.
These requirements must be met, or the adverse possession claim may not succeed.
The thought that someone else could take control of their property can be unsettling for the actual owners. To protect their rights, it’s crucial that they:
- Know the locations of their property lines
- Conduct regular inspections of the property
- Post “No Trespassing” signs
- Address any instances of trespassing quickly
If you don’t mind someone using your property temporarily, speak with a legal professional about the possibility of creating a lease agreement. Showing that the use is not adverse can help ensure you retain ownership of what is yours while still being a friendly neighbor.