Adverse Possession

Adverse possession is a method of acquiring real property under certain conditions simply through continuous occupation of the property (without owning it). The most common cases involving adverse possession involve disputes over property boundaries; for example, two property owners may consider a common fence to be the boundary, only to discover that the fence encroached on one owner's property, and an owner now wants to have the fence considered the true boundary.

In order to actually acquire the property, the person seeking to obtain it (the disseisor) must:

• Actually possess the property as would a true owner (merely trespassing on the land, for example to hunt or fish, is insufficient),
• Possess the property hostile to the true owner's right, and in a manner capable of being seen by the public ("open and notorious"), and
• Continually possess the property for a period of time specified in the law (usually a lengthy period of years; in some cases the period can extend to prior owners, for example the property boundary dispute mentioned above).

Some states have other requirements, such as having a good faith belief that the person had a right to occupy the property, and/or payment of property taxes due.

Notably, no state recognizes the right to adverse possession of land owned by the government.