What must occur for one person to gain title to anothers property through adverse possession?
• The person seeking to gain title through adverse possession must be in actual, open possession of the land, occupying or using it in a way that would be visible to anyone inspecting the property, such as by planting crops or by fencing for the grazing of livestock. Adverse possession of minerals owned separately from the surface requires actual production of those minerals. • The possession must extend, without any break, for the period required by law. The required period may be as little as three years or as long as twenty-five years, depending on other circumstances, such as whether the person in possession of the land has a deed or has paid taxes on the land. The ten-year adverse possession statute requires little more than the required possession. • The possession must be adverse to (inconsistent with) the rights of the actual owner, under a claim of the right to possession. For example, possession under a lease from the true owner would not amount to adverse possession, and the
Related Questions
- If a person gains title through adverse possession, does that include both the surface and mineral rights for that property?
- What is the difference between encroachment and adverse possession in regards to real property?
- How does the new Act affect squatters (i.e. people claiming title by adverse possession)?
