Unlawfully Occupying Land: A Brief Overview Of Adverse Possession
Imagine living in a cozy home for years, surrounded by beautiful gardens and a tranquil atmosphere. However, unbeknownst to you, the land you’re occupying is actually owned by someone else. Sounds like a nightmare scenario, right? Well, in many parts of the world, including the United States, this phenomenon is known as adverse possession, a legal concept that allows individuals to claim ownership of land they have been occupying without permission.
What Is Adverse Possession?
Adverse possession is a legal doctrine that grants an individual ownership of a piece of land if they can demonstrate that they have occupied the property without permission for a specific period of time. This period, which varies from state to state, typically ranges from 5 to 20 years. During this time, the individual must have continuously occupied the property, either openly or secretly, and must have been able to demonstrate exclusive control over the land.
How Does Adverse Possession Work?
To successfully claim adverse possession, an individual must meet certain criteria. First, they must have been in possession of the property without permission from the rightful owner. This can be achieved by physically occupying the property, making improvements such as building structures or planting crops, or simply using the property for a specific purpose. Second, they must have been in possession of the property for the required period of time. Finally, they must have continuously occupied the property without interruption or permission from the rightful owner.
Examples Of Adverse Possession
Adverse possession can arise in various situations. For example:
A squatter may occupy an abandoned property without permission from the owner and claim it as their own after a certain period.
A neighbor may occupy a disputed border area between two properties without permission and later claim ownership of the land.
A family may occupy a property without permission from the owner and claim it as their own after years of continuous occupation.
Consequences Of Adverse Possession
The consequences of adverse possession can be significant. If an individual successfully claims ownership of a property through adverse possession, they will gain legal title to the land and be able to sell it, mortgage it, or pass it down to future generations. On the other hand, if an individual is caught occupying a property without permission and is unable to demonstrate adverse possession, they may face legal action, including eviction and fines.
Conclusion
Adverse possession is a complex legal concept that can have significant consequences for individuals who occupy land without permission. While it may seem like an unfair advantage for squatters and trespassers, it also serves as a means for individuals to establish ownership and stability on land they have been occupying for years. By understanding the rules and requirements of adverse possession, individuals can navigate this complex legal landscape and protect their rights to the land they occupy.
Background
Adverse possession is a law that is undercover to a majority of the population due to its rare nature. There is a correlation between its occurrence and its awareness being generated. With the given economy at hand, the likeliness of its occurrence is said to increase.
This law has been enforceable for hundreds of years, and its process has been implemented several times since not only the early settlement of the United States, but in the settlement of European nations since the 1400’s. The taking of Native Americans land is a prime example of how adverse possession took place in the early ages, back then it could be looked at as more overt though.
Recently, since the awareness of an “invasion” on someone’s property has inclined, property owners tend to be more suspicious of others on their property. The “invasion” is attempted to be done in a more covert way to avoid the eye of the property owners. This leads to the reason why a lot of states have required evidence that the property owner must have had knowledge of the intent over time. There is a lot of room for tweaking within this process since the occurrence of it has increased with time. In the initial days of early America, it was at a peak, then it went at a steady pace, and after quite sometime, in our current day, it has began to increase once again.
Usage
Adverse possession takes place without the willingness of the property owner. If the owner was to be aware, he could attempt to prevent, during the years required, in order for the possessor to receive title to the property. There are a few requirements in order to acquire property through adverse possession law. The possession needs to be actual, as if the possessor is the owner of that land.
Your possession needs to be open and notorious, meaning there is a visibility requirement, not of the possessor on the property, but of his continuous work on the property. Exclusive possession is also a prerequisite for adverse possession, the interest the possessor maintains of the property cannot be shared, nor can it be of public use. Your possession must be hostile, without the consent of he actual owner.
Tacking
As the cases of adverse possession increase in current times, the laws have changed with some additions and a few subtractions. One of the earlier additions to an adverse possession claim that benefit the possessors is the process of tacking. Tacking deals with, either selling your interest on another individual’s property to a second possessor, or adding an additional possessor in order to make time go faster.
As they say with real property, “time is of the essence.” In this case, if the primary possessor sold all his interest in his or her possessed land to another, that person receives the years the property was possessed by the primary possessor. This may occur as long as there was no gap in the time possessed. On the other hand, if an additional possessor is acquired through family or contractual relations, the time goes twice as fast. The process of tacking is more than likely to have additional changes in the near future since the occurrence is on a rapid basis.