What is “adverse possession?”
August 26th, 2008 By Peter G. Miller
In general terms, adverse possession is created by the hostile, open, notorious, and continuous use of a property by someone other than the owner, without permission, for a given period of time.
For instance, a garage is built over a property line. The property owner never complains for 20 years. Then, one day, the property owner tells the garage owner to move the garage or pay rent. The garage owner refuses, saying that he, in fact, now owns the land.
Depending on state rules, the garage owner may be right. How do you protect yourself against claims of adverse possession? Get a survey.
For specific information regarding title issues, please contact an attorney or legal clinic.
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