Adverse possession allows a person to gain legal ownership of land that someone else owns. This concept may sound unusual, but it roots itself in longstanding property laws. Understanding how adverse possession works helps property owners protect their rights and identify potential claims.
The basics of adverse possession
Adverse possession occurs when someone occupies land they do not own, without permission, for a specific period. The squatter must meet several legal requirements, including continuous and open use of the property. In Maryland, Virginia, and Washington DC, the required time frame ranges from several years to a few decades.
Legal requirements for adverse possession
To claim adverse possession, certain elements must exist. The person must physically use the property, which makes the possession actual. The use must also be open and notorious, meaning it remains obvious to anyone, including the true owner. Furthermore, possession must be hostile, meaning it happens without the owner’s consent, and it must be continuous for the statutory period.
The role of the property owner
Property owners can prevent adverse possession by staying vigilant. Regularly checking on property, fencing it, or giving permission to use the land prevents adverse possession claims. Once the original owner grants permission, the use no longer qualifies as hostile, which is a key requirement for adverse possession.
When adverse possession succeeds
If someone meets all legal requirements, they can file a claim to gain title to the property. This process often involves going to court to prove that all the conditions exist. If successful, the individual gains legal ownership of the property, even if they did not originally purchase it.
To protect property rights, owners should regularly inspect and maintain their land. Addressing unauthorized use promptly prevents adverse possession claims and safeguards ownership.