Adverse possession is a legal concept that, in certain situations, allows one party who is occupying another party’s land to take legal ownership of that land. This concept originated in medieval English common law; it intended to make sure that land that was being used productively and maintained. If an absentee owner did not make use of their land for years, and another party ended up putting it to productive use (like growing crops), the occupying party could eventually gain ownership after a certain period of time.
Many jurisdictions around the world have their own legal requirements for adverse possession claims. Generally, the adverse possessor must demonstrate that they have continuously and exclusively occupied the property for a staturorily required time period. The occupation must be open and notorious; that is, visible to the public rather than in secret. This occupation must be hostile to the owner’s interst in the property. Hostile does not mean aggressive or violent in this context; it simply means that the adverse possessor cannot have been given permission by the owner to use the land. This ensures that a renter or guest cannot claim adverse possession. In some jurisdictions, the adverse possessor’s claim must be in good faith, meaning the adverse possessor must have thought they had legitimate ownership of the land. For example, if a fence has been incorrectly placed outside a property line for decades, causing one owner to believe they owned more of their property than they did, that owner could file a claim of adverse possession and possibly end up owning the land they mistakenly thought was theirs in good faith.
Courts apply adverse possession cautiously because it transfers property rights without a voluntary sale or gift. If the legal requirements are satisfied and the true owner fails to take action within the prescribed time, the possessor may obtain title to the land through a court judgment. Supporters of adverse possession argue that it discourages neglect of property, while critics say it can unfairly deprive owners of their rights.
Adverse possession, in some form, is part of property law in many countries, though governments generally have strict standards to limit its use.
