Adverse Possession

Question 1

Adverse Possession

Answer 1

A person can actually and visibly possess someone else’s real property for a statutory length of time and then claim it as their own; openly hostile to another’s ownership claim

Question 2

The Adverse Possession must be…

Answer 2

• Actual (the possessor must physically occupy the property) (the possessor must also believe they are entitled to the property)
• Open and Notorious (the use is well known to others)
• Hostile (without permission) (the property must also be used exclusively by the possessor, not shared with the owner)
• Continuous and Uninterrupted (length of time varies from state to state)

Question 3

Color of Title

Answer 3

Written documentation showing a good faith belief that the possessor is legally entitled to the land

Question 4

Quiet Title

Answer 4

A court action to acquire the title of the possessed land - not automatic

Question 5

Tacking

Answer 5

Adding the time the claimant has possessed the property onto the time another possessed the property to meet the statutory period of time for an adverse possession claim