Which states allow adverse possession

A typical adverse possession statute requires that the following elements be met:. Adverse possession is not available in all situations. For example, title to government-owned land may not be obtained by adverse possession. Last reviewed October Justia Legal Resources.

The time period for adverse possession is set by state law. In North Dakota, the time for adverse possession is 20 years, unless it is a defined tract of land and the adverse possessor has been paying the property tax, then the time period is only 10 years. The law does not want someone to loss or forfeit their legal rights. Accordingly, North Dakota statute allows adverse possession only if the requisite conditions can be proven by the adverse possessor. Presumption against adverse possession of real estate.

In every action for the recovery of real property or for the possession thereof, the person establishing a legal title to the premises must be presumed to have been possessed thereof within the time required by law, and the occupation of such premises by any other person must be deemed to have been under and in subordination to the legal title, unless it appears that such premises have been held and possessed adversely to such legal title for twenty years before the commencement of such action.

Adverse possessors establish that they have acquire ownership by successfully prosecuting a quiet title action. Acquiring an easement through continuous use is referred to as prescription. That said, landowners are advised to remove the possibility of adverse possession as soon as possible by having signed agreements for any use of an owned property. To successfully claim land under adverse possession, the claimant must demonstrate that his or her occupation of the land meets the following requirements:.

Adverse possession has been proposed as a possible solution to discourage abuses of intellectual property rights like cybersquatting, excessive copyright, and patent trolling. Applying adverse possession to intellectual property as well as physical property would force the abusers to put more resources into actively using their portfolio of trademarks , patents, and so on, rather than just sitting on them and waiting for the actual innovators to step in their territory.

Adverse possession is similar to homesteading in practice. In homesteading, government-owned land or property with no clear owner on record is granted to new owners provided they are using and improving it. If a homesteader doesn't use the land, they can lose it. Adverse possession can operate in a similar manner by freeing up land with an unclear title for productive use.

Of course, adverse possession can also be abused in ways homesteading cannot. Purchasing A Home. Real Estate Investing. Loan Basics. Your Privacy Rights. To change or withdraw your consent choices for Investopedia. At any time, you can update your settings through the "EU Privacy" link at the bottom of any page.

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