Adverse Possession

In depth

Adverse possession requires possession that is actual, open and notorious, exclusive, hostile (without permission), and continuous for the statutory period (typically 7 to 21 years). Some states require payment of taxes or color of title. Misconception: adverse possession is not squatting; it requires open use, not hidden trespass. Practically, in real estate sales, undiscovered adverse possession claims can cloud title. FSBO sellers should know about long-term occupants on neighboring land or fence encroachments. Surveys reveal physical encroachments that may have ripened into adverse possession. Quiet title actions resolve adverse possession claims definitively. Title insurance can cover undiscovered adverse possession losses, depending on policy.