Adverse possession is a legal concept where an individual can gain possession of private property under certain requirements, often related to squatting. Squatting, or the act of living on someone else’s property without permission, can lead to adverse possession. Stories of squatters across the country have brought adverse possession to light, as individuals can unintentionally gain possession of land by mistakenly putting up a fence that crosses into a neighbor’s property, for example. Each state has different requirements for adverse possession, with some states like Maine and Massachusetts requiring a person to live on the property for 20 years before claiming ownership.
Some states, such as Iowa, only require continuous occupancy for five years before adverse possession can potentially be claimed. In California, paying taxes on a property not owned and living there for five years can result in adverse possession. Other states like Mississippi, Missouri, Nebraska, New York, Rhode Island, South Carolina, West Virginia, and Wyoming require 10 years of occupancy before adverse possession can be claimed. It is important for homeowners to be aware of their state’s laws regarding adverse possession and take steps to protect their property to avoid lengthy legal battles with squatters.
To protect themselves, homeowners should clearly mark their boundary lines with fences, plants, trees, or “no trespassing” signs. Regularly monitoring the property, especially if going away for a long period or owning rental property, is also important. Checking in with neighbors or family members to watch over the property can help prevent squatters from attempting to claim adverse possession. Consulting with legal professionals or researching the specific laws in the state regarding adverse possession is crucial for homeowners to safeguard their property rights and avoid potential disputes.
