Adverse Possession

What is Adverse Possession?

Similar to squatter’s rights, adverse possession is a statute of limitation that bars the true owner from asserting his claim to real property. In other words, a property owner can lose their claim against or over a property if they fail to stop someone from taking it over.

However, this is only applicable if that owner has not made any notices or actions to stop the adverse occupant during the legally established statutory period. Typical statutory periods are seven to thirty years. As long as the true owner makes a notice to the occupant at least once during the statutory period, the statutory term begins anew.

Adverse possession shouldn’t be confused with involuntary alienation, which is more of an active legal maneuver.

For more information, see also the following entries:

  • :Involuntary Alienation:
  • :Notice:
  • :Squatter’s Rights:
  • :Real Estate:
  • :Real Property:
  • :Statute of Limitation:
  • :Squatter’s Rights:
  • :Title:


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