Understanding Adverse Possession (And How to Protect Your Land)

Adverse possession might sound like a legal buzzword, but it’s something every landowner should understand—because if you're not careful, someone else could claim ownership of your property without paying a dime. 

Just recently, it took nearly a year for my clients to close on a piece of land—all because of an adverse possession claim filed by a neighboring property owner.

The sellers had owned the land for over a decade but lived out of state and had never built on it. Meanwhile, the neighbor next door had constructed a home, poured a concrete driveway that partially extended onto the sellers’ property, and regularly mowed a wide strip of land beside it. He even installed a large entrance gate that crossed the property line.

When the sellers finally listed their land for sale, the neighbor filed an adverse possession claim. He argued that, because he had maintained the land (by mowing and placing his gate), he had a right to that portion—and even attempted to claim more, including the sellers' driveway, which would have completely cut off access to the land my clients were buying.

Instead of heading into a lengthy lawsuit, both sides entered mediation. In the end, the neighbor was granted the strip of land he had maintained—where the gate and mowing had occurred—but was denied any additional land. Still, it wasn’t easy. Lawyers were involved, surveys conducted, and multiple city and county officials had to weigh in. It took a lot of time, energy, and money.

The worst part? This entire situation could have been avoided with something as simple as proper signage and periodic property checks.

If you own land—especially if it’s vacant or you live out of town—understand your rights and take steps to protect your property boundaries. A little prevention goes a long way when it comes to avoiding adverse possession claims.

What Is Adverse Possession?

Adverse possession is a legal doctrine that allows someone to claim ownership of land they don’t hold title to—if they occupy it in a certain way for a specific period of time. This concept exists to encourage the productive use of land, but it can catch landowners off guard if they’re not paying attention.

The Basics: What Makes Possession "Adverse"?

For a claim of adverse possession to succeed, several conditions usually need to be met (though the exact rules vary by state). Generally, the possession must be:

• Hostile – Without the permission of the true owner.

• Actual – The person must physically use the land, like building a fence, farming, or living there.

• Open and Notorious – The use is obvious enough that the real owner should notice.

• Exclusive – Not shared with the public or the rightful owner.

• Continuous – The occupation must last for a specific period of time, often 5 to 20 years, depending on the state.

If someone meets all these criteria—and the rightful owner does nothing to challenge it—they could end up owning the land.

Real-Life Examples

• A neighbor builds a fence that slightly encroaches onto your land, and no one notices for 15 years.

• Someone begins using a vacant lot to park vehicles or store materials without permission.

• A person moves into an abandoned house and lives there long-term, maintaining it as if it's their own.

  
  

How to Avoid Adverse Possession

As a landowner, there are simple, proactive steps you can take to prevent someone from claiming your property:

1. Regularly inspect your property. Walk the boundaries, especially if you own vacant or rural land.

2. Put up clear signage. “No trespassing” signs make it obvious your property is private.

3. Address encroachments quickly. If a neighbor builds a fence or structure on your land, talk to them and get it in writing that it’s not a claim of ownership.

4. Give written permission. If you’re allowing someone to use your land (e.g., for parking, gardening), provide a lease or written agreement to show it’s permissive, not adverse.

5. Stay on top of boundary surveys. If there’s any dispute or uncertainty about lines, a survey can clear things up and help resolve issues before they become legal battles.

   
   

Final Thought

Adverse possession isn’t something to panic about—but it is something to respect. Staying informed and involved with your land is the best defense. If you’re unsure about your property boundaries or think someone might be encroaching, it’s worth talking to a real estate attorney sooner rather than later.