Can I Get a Title to a Property by Claiming Adverse Possession?

Can you claim property by "squatting" on it? In some cases, yes, if you fulfill the requirements for adverse possession. However, it's a high hurdle to get over, and very few people ever manage to accomplish this.

Claim the Property Adversely

The first thing to note is that adverse possession is "adverse"—against the interests of the actual property owner. That means that if the property owner is letting you use or occupy some of his or her land, you probably can't claim it via adverse possession. Pretty much by definition, using land with someone's permission and blessing, or under license from them, is not adverse. This in particular means that if you are renting property from someone, you can't claim it through adverse possession, since the paying of rent to a landlord is an admission that it's the other person's property.

Open, Notorious, and Exclusive

As part of the above—claiming the property adversely to another's interests—the property must be claimed in a fashion that is "open, notorious, and exclusive." That means it has to be obvious that you are claiming the property solely as your own. That's what puts the actual owner on notice of your claim and gives him or her a chance to oppose it; if the owner does not re-assert his or her claim to property despite it being obvious that someone else has a contrary claim, that's what will—eventually—transfer ownership. This means that there can't be "hidden" or "subtle" adverse possession claims—the fact that you're claiming the land has to be out there for all (especially the owner) to see.

10, 20, 30 (Or More!) Years

Adverse possession is not quick. While the period of time varies state by state, it's measured in decades, not years. Probably the most common time frames are 20 or 30 years—meaning that's how long you have to sustain your claim. As a practical matter, adverse possession is something you'd do (if you do it all) for your retirement or your children, not for your current investment or real estate needs.

Color of Title

Some states require that there must be a good-faith basis, even if mistaken, for thinking that you have a right to the land. (In other words, you can't just knowingly "steal" it from someone.) An incorrect deed, a contradictory will, an error in a survey—in these states, the would-be-claimant has to have some justification, usually based in some erroneous legal document, for believing the land is his or hers.

Make Improvements

Another requirement imposed by some states is that the claimant must improve the land. Cultivate, build on it, drain it (if it's a swamp), pave it, put a bridge over a stream, etc. Going back to the original notion behind adverse possession—that land is too valuable to allow the owner to simply ignore it—the claimant establishes the validity of his or her claim by investing in the land, whether cash or sweat or both.

How an Attorney Can Help

As you can see, it's rare that someone successfully open, notoriously, exclusively, and adversely claims land for enough decades, under color of law and while making improvements if necessary, to sustain a successful adverse possession claim. But it does happen. Whether you are trying to claim land adversely or are trying to prevent someone from claiming your property, help from an attorney familiar with your state's requirements can be the difference between succeeding and not.