🏚️ What Is Adverse Possession in Real Estate?

Adverse Possession is a legal process that allows someone to gain ownership of another person’s property by open, continuous, and unauthorized possession over a legally defined period. Often referred to as “squatters’ rights,” adverse possession can transfer full legal title if strict state requirements are met.

How Adverse Possession Works

Unlike a deeded transfer, adverse possession occurs when a person occupies property without permission and meets all legal elements required by state law. Most states require the possession to be:

  • Hostile — without the owner's permission.
  • Open and notorious — obvious enough that a reasonable owner would notice.
  • Actual — physically present and using the property.
  • Exclusive — not shared with the legal owner or the public.
  • Continuous — maintained for a statutory period (typically 5–20 years).

If all elements are met, the trespasser can claim legal ownership through a quiet title action in court.

Why Adverse Possession Matters

For Property Owners:

  • Neglected or unused land can be lost entirely through adverse possession.
  • Failure to monitor access points or boundary areas may create legal claims.
  • Unchallenged occupation can cloud title and complicate future sales.

For Occupants:

  • Provides a legal method to claim ownership of land long in use.
  • Can resolve disputes where boundaries are unclear or incorrectly marked.
  • Neutralizes conflicts when long-term possession has effectively replaced ownership.

Example of Adverse Possession

Here’s a typical scenario in which adverse possession may apply:

  • A neighbor builds a fence several feet onto your property and maintains the enclosed land for 15 years.
  • You never object, remove the fence, or notify them.
  • Your state requires 10 years of continuous, open possession.

In this case, the neighbor may legally acquire the strip of land through adverse possession.

Why Adverse Possession Matters for FSBO Sellers

Boundary issues, unchallenged use, or long-term occupation can impact the sale of a property listed by a FSBO seller.

  • May require disclosure depending on state laws.
  • Can lead to title complications detected during title search.
  • Buyers may request surveys or legal clarification before closing.
  • Potential claims could affect property value or delay the sale.

Listing with Flat Fee MLS through Brokerless exposes your property to buyers who understand these concerns.

Frequently Asked Questions

Is adverse possession the same as squatters’ rights?
Yes, but only when all legal requirements are met and a court grants ownership.

Can adverse possession be prevented?
Yes. Post signs, grant written permission, block access, or challenge occupancy.

How long does adverse possession take?
Most states require 5–20 years of continuous possession.

Does adverse possession transfer when the property is sold?
Yes. Once granted, the new owner receives title to the disputed land.