Adverse possession facts for kids

Adverse possession is a rule in property law. This rule says that if property (like land or a building) is not being used by its owner while another person is using the property, this other person (called an "adverse possessor") might become the new owner of that property. To get these rights, the adverse possessor usually must use the property in a way a normal owner would for a certain period of time, often 20 years. In some jurisdictions (different places or countries), a form of adverse possession exists where the adverse possessor ends up sharing some rights to the property with the owner, such as a right-of-way (the right to cross someone's land), instead of getting all the rights.

What is Adverse Possession?

Adverse possession is a legal idea that lets someone claim ownership of land even if they don't have the official papers for it. It happens when a person uses land that belongs to someone else for a long time without the true owner's permission. If they meet certain rules, they can become the new legal owner.

How Does Someone Claim Land?

To claim land through adverse possession, a person usually has to meet several important conditions. These conditions show that the person is treating the land as if it were their own.

What Does "Open and Notorious" Mean?

"Open and notorious" means that the person using the land isn't trying to hide what they are doing. Their use of the property must be obvious and visible to anyone, including the actual owner. For example, they might build a fence, plant a garden, or regularly walk across the land. This way, the true owner would know, or should know, that someone else is using their property.

What Does "Continuous" Mean?

"Continuous" means the person must use the land without big breaks. They can't use it for a few months, stop for years, and then start again. The use should be steady and regular, just like a true owner would use their own property. This doesn't mean they have to be on the land every single day, but their use should be consistent over the entire time period.

What Does "Exclusive" Mean?

"Exclusive" means that only the person claiming the land (the adverse possessor) is using it. They can't be sharing the use of the land with the true owner or with the general public. It shows that they are acting like the sole owner of the property.

What Does "Hostile" Mean?

"Hostile" in this legal sense doesn't mean angry or mean. It means that the person is using the land without the true owner's permission. If the owner gave permission, then it's not "hostile" use, and adverse possession cannot happen. It means the person is claiming the land against the owner's rights.

How Long Does it Take?

The amount of time a person needs to use the land varies depending on where the property is located. In many places, this period is quite long, often 10, 15, or even 20 years. This long time frame gives the true owner plenty of opportunity to notice the unauthorized use and take action to stop it.

Why Do We Have This Rule?

You might wonder why such a rule exists. Adverse possession helps to make sure that land is used and not left abandoned. It also helps to settle old disputes about who owns what land, especially when old records might be unclear. It encourages property owners to keep an eye on their land and use it, or at least be aware of who else is using it.

What About Sharing Rights?

Sometimes, instead of getting full ownership, an adverse possessor might only gain a specific right to use a part of the property. For example, they might gain a "right-of-way," which is the right to cross a specific part of someone else's land to get to their own property. This is less common than gaining full ownership but can happen in certain situations.

Protecting Your Property

Property owners can take steps to protect their land from adverse possession claims. One common way is to give formal permission to anyone using their land. This permission, called a "license," means the use is no longer "hostile." Owners can also put up signs, build fences, or even close off their property for a day each year to show they are in control.

Images for kids

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  A metal sign in New York City explains that crossing onto this private property is a "revocable license." This means the owner gives permission to use the land, but can take that permission back at any time. This helps protect the property from being claimed through adverse possession. Some owners in New York even close their property to the public for one day each year to show they have full control.

See Also

• Property law
• Ownership
• Right-of-way