Adverse Possession

The doctrine by which someone who openly occupies land for a statutory period can acquire title to it

Overview

Often called squatters' rights, adverse possession allows a person who possesses land openly, continuously, exclusively, and without the owner's permission for a period fixed by statute to gain legal title, extinguishing the original owner's claim. The doctrine grew out of statutes of limitation on actions to recover land and serves to settle stale disputes, reward productive use, and keep property records aligned with reality on the ground. Required periods vary widely between jurisdictions and among American states. In England the Land Registration Act 2002 made it much harder to acquire registered land this way, requiring notice to the registered owner, who can usually object and defeat the claim.