Simple English definitions for legal terms
Read a random definition: advice
Adverse possession is when someone takes control of land that belongs to someone else and uses it as their own for a long time. If they do this for a certain amount of time, they can become the legal owner of the land. To do this, they must use the land continuously, without sharing it with anyone else, and in a way that is obvious to the real owner. The real owner must not give permission for the person to use the land. The amount of time needed to become the legal owner varies depending on where you live.
Adverse possession is a legal concept that allows a person to gain ownership of someone else's property if they meet certain requirements and have been in possession of the property for a certain period of time.
A typical statute requires possession for 7 years, if under color of title, or 20 years if not. The threshold, however, varies by jurisdiction.
John owns a piece of land but has not used it for many years. Sarah starts using the land as a garden and maintains it for 20 years without John's permission. Sarah may be able to claim adverse possession of the land because she has met the requirements of continuous, hostile, open and notorious, actual, and exclusive possession for the required period of time.
Another example is if a person builds a fence on someone else's property and uses the land inside the fence as their own for the required period of time. If the true owner does not take action to remove the fence or challenge the adverse possession claim, the adverse possessor may be able to gain ownership of the land.
These examples illustrate how adverse possession can occur when a person uses someone else's property without permission for a certain period of time and meets the requirements for adverse possession.