Adverse Possession
A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
Full Definition
Adverse possession is a legal doctrine that allows a person to acquire title to real property by occupying it without the owner's permission for a period specified by state statute (typically 5 to 21 years). The occupation must be: Actual (physical use of the land), Open and Notorious (visible, the owner could see it), Exclusive (not shared with the true owner), Hostile/Adverse (without the owner's permission), and Continuous (uninterrupted for the statutory period) — remembered by the acronym AOEEHC or similar. If all elements are established, the adverse possessor can file a quiet title action to receive legal title. Color of title (a defective document claiming ownership) and payment of property taxes may be required in some states.
Real-World Example
A neighbor builds a fence 5 feet onto your property and uses it as their yard. If your state has a 10-year adverse possession period and all elements are met, after 10 years the neighbor could potentially claim title to that strip of land.
How Adverse Possession Appears on the Real Estate Exam
Common question types, tested concepts, and what to watch out for
Remember the elements: AOEEHC (Actual, Open & notorious, Exclusive, Hostile, Continuous). The key is that the use is WITHOUT the owner's permission — giving permission resets the clock. Adverse possession does not apply to government-owned land.
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