Legal Definitions - adverse possession

Adverse possession is a legal principle that allows a person to acquire legal ownership (title) of land that is legally owned by someone else. This can happen if the person occupies and uses the land openly, continuously, and without the owner's permission for a specific period of time, as defined by state law. Essentially, if a property owner neglects their land and another person treats it as their own for long enough, the law may transfer ownership to the person who has been using it.

To successfully claim adverse possession, the person occupying the land must meet several strict requirements, often remembered by the acronym "OCEAN":

• Open and Notorious: The use of the land must be obvious and visible to anyone, including the true owner, so that the owner would reasonably know someone else is occupying their land. It cannot be a secret or hidden occupation.
• Continuous: The person must use the land without significant breaks or interruptions for the entire period required by law (which varies by state, often 5 to 20 years).
• Exclusive: The person must possess the land for themselves, treating it as their own and not sharing control with the true owner or the general public.
• Actual: The person must physically occupy or use the land in a way that an owner would, demonstrating control over the property.
• Hostile: The use of the land must be without the true owner's permission. This doesn't mean aggressive or unfriendly, but rather that the possessor is acting against the owner's legal rights. If the owner gives permission, the possession is not considered hostile.

Here are a few examples to illustrate how adverse possession might apply:

• Example 1: The Overlapping Shed

  Imagine a homeowner, Mr. Henderson, who built a storage shed in his backyard 15 years ago. Due to an inaccurate measurement at the time, a small corner of the shed, about two feet by three feet, actually sits on his neighbor's undeveloped, wooded lot. Mr. Henderson has continuously used the shed for storage, maintained its exterior, and treated the entire structure as his own. The neighbor, who lives out of state and rarely visits the property, has never noticed this slight encroachment.

  How it illustrates adverse possession: Mr. Henderson's possession is continuous (for 15 years), open and notorious (the shed is clearly visible), exclusive (he uses and maintains the shed as his own), and actual (he physically built and uses the structure). It is also hostile because he built and uses the shed without his neighbor's permission, even if it was an honest mistake. If the state's required period for adverse possession is, for instance, 10 years, Mr. Henderson might be able to claim legal ownership of that small strip of his neighbor's land where the shed encroaches.

• Example 2: The Community Garden on Vacant Land

  A neglected, overgrown lot in a bustling city has been legally owned by a developer for 25 years, who has no immediate plans for it. Ten years ago, a group of local residents, frustrated by the eyesore, cleared the lot, installed raised garden beds, and created a vibrant community garden. They have continuously cultivated vegetables, flowers, and herbs, built a small fence around it, and regularly host gardening workshops and events. They have never sought or received permission from the developer.

  How it illustrates adverse possession: The residents' use is continuous (for 10 years), open and notorious (a visible, active garden with a fence), exclusive (they control access and cultivation, excluding the true owner), and actual (they are physically improving and using the land for gardening). It is hostile because they are using the land without the developer's consent. If the state's adverse possession period is, for example, 7 years, the community group might have a strong claim to legal ownership of the lot for their garden.