A Bad Brush With a Little-Known Law

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[3] The user must be "notorious" in the manner in which he is on the land. He cannot sneak around the owner's property in such a manner that he could not be discovered and his activities must be visible to the owner if he were to examine his land.

[4]"Exclusive" possession means that the user must be on the land alone. If he is there with the owner or against the owner's specific orders, he cannot get title to the land.

[5] Use of the land must be "continuous" from the beginning of the prescribed time period to the end, although seasonal use for the prescribed number of years is generally permissible.

[6] The possessor must claim that he owns the land, even if he is wrong. His actions will speak for themselves in this regard. If he is acting as if he believes he owns the land, he is taking the property under a "claim of title. " If he ever admits that he knows he does not actually own the land, he cannot claim adverse possession.

[7] The time limit for acquiring adverse possession is called the "statute of limitations." All of the above elements must occur for a minimum length of time before adverse possession "ripens" into title. The minimum period varies among the states, from five years in California to twenty-one years in Pennsylvania. It runs from the time the possessor begins to use the property and continues running even if the property is sold by the actual owner.

ACQUIRING THE LAND

The most common instance of acquiring land by adverse possession occurs when a neighbor unknowingly puts up a fence that encloses a portion of an adjoining landowner's property. If he meets all the above requirements and has his fence up for the prescribed period of time, when he discovers that he has fenced in the neighboring land he can go to court and get a court order, or declaratory judgment, stating that he now owns the land he has enclosed. Another common situation that leads to adverse possession is when a part of a building, a section of an orchard, or other improvement encroaches on a neighbor's land and this "mistake" is not discovered before the prescribed time period has elapsed.

The willingness of the courts to award title by adverse possession varies among the states. For example, some states require that the possessor have a document, such as a faulty deed, that appears to give good title but actually does not. Other states require that taxes be paid for the prescribed period by the user in order for him to gain legal possession.

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