Adverse possession is a rule which grants ownership of a piece of land to a person who has possessed it for a specific time period. There are many rules and regulations regarding acquisition of land by this method. Till today, this method has helped many people own properties around the world without buying them with their own money or making land investment. In the next section, we shall know more about this rule.
How is Adverse Possession Possible?
In order to become an owner of a piece of land by the adverse possession method, a person needs to actually possess it by physically using it. You must have something to show to the court which will prove that you have actually utilized the land. So, as a user of the property of some other person, if you have paid taxes on it regularly, then that might be considered for some courts. There is a statutory period which is the number of years for which the person needs to hold the land in order to claim ownership for it. Hostile possession of land which means the person claiming its ownership occupies it in opposition to the owner's true rights is one approach. The application of the person for permanent ownership of land can be rejected if he does not have an exclusive possession of the concerned land. The claimant needs to hold the land personally even though there is opposition from other people.
Understanding the meaning of exclusive possession of land is important for all those who wish to benefit from the laws related to adverse possession. You can prove exclusive possession of land easily if you have done any kind of changes in the property such as making a fence, doing the leveling of the plot of land or some other construction work on the plot. The claimant needs to establish his intention to possess the land during the time he was controlling the land. Most states allow adverse possession of land to a person who has lived there for ten to twelve years at a stretch. Many places require people to be in possession of the land for fifteen years. However, one must note that the requirement for number of years of possession can change from one place to other. So, confirming about the same from your local authorities and knowledgeable people would be a good idea.
Getting the property back is possible for the real owners from the person occupying it by approaching the local court with a proof for supporting their statements. At some places, adverse possession may not be considered hundred percent legal as it involves getting the property without making payment for it. There have been instances when cases have been filed against people for making false or illegal claims over properties of other people. Another thing to note here is that claims of adverse possession cannot be made against council owned land. This is really a very complex process and may require much more time than you expect. So, do not be in a hurry to get the desired results and be patient so that you complete the entire process smoothly. There might be times when you will need help from real estate attorneys and realtors for clearing some doubts. So, you should not hesitate to approach otherwise it would ruin your own prospects. The Federal laws, rules and regulations related to it are subject to change anytime and hence you should keep an eye on the latest real estate news.
Hopefully, this article has answered all your queries and you will be able to execute the process thoughtfully. So by wishing you all the best for your preparation, I would like to sign off. Good luck!
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