Adverse Possession

Acquiring title by possession that is open, notorious, continuous, hostile, and exclusive for the statutory period.

The possession must be sufficiently visible to put a reasonable owner on notice. ‘Hostile’ means without the owner’s permission — the possessor’s subjective belief is irrelevant in most states. Once the statutory period runs, the possessor can obtain marketable title via a quiet-title action. Adverse possession does not run against government land.

Related terms

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