Also known as: adverse possession · adverse possessor
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine under which a person acquires title to land by possessing it in a manner that is actual, open and notorious, exclusive, hostile or under claim of right, and continuous for the statutory period. The doctrine operates as a transfer of title by operation of law without a deed from the record owner. It also determines the extent to which servitudes and covenants run to or against an adverse possessor.
Arthur Abrams occupies a strip of land belonging to Alpine Mining under a mistaken boundary for the statutory period and satisfies all elements of adverse possession. A recorded servitude obligating maintenance of a shared access road burdens the strip. The burden runs to Arthur even though he holds title only by adverse possession.
Audrey Ashton and her predecessor each used a disputed strip believing it belonged to their parcel because of an old survey error. Their combined periods of actual open exclusive hostile and continuous use exceed the statutory requirement. Title vests in Audrey by adverse possession.
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Austin Abbott occupies land belonging to Argonaut Shipping for the full statutory period meeting every element of adverse possession. When the period expires title transfers to Austin without any deed from Argonaut Shipping and without probate proceedings.
Aisha Ahmed takes possession of benefited land under a mistaken deed and begins adverse possession but has not yet acquired title. An affirmative covenant requiring contribution to a shared driveway runs to her only to the extent permitted by the applicable servitude rule.
Alan Ackerman holds paintings taken decades earlier and displays them openly in his gallery. The original owner brings a replevin action after the statutory period has run. Title has vested in Alan by adverse possession barring the owner's claim.
Alexis Archer occupies a strip of land once part of a federal railroad right-of-way long after abandonment. She meets every element of adverse possession under state law. Title cannot pass because federal statute bars adverse possession claims against the United States.
The possession must be actual open and notorious exclusive hostile or under claim of right and continuous for the statutory period. Seasonal use consistent with the property's nature satisfies continuity. Good-faith mistaken-boundary use permits tacking of successive periods.
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Yes. Adverse possession is a recognized method of transferring real property by operation of law. Title passes automatically once the statutory period is satisfied even though no deed is executed by the record owner.
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An appurtenant benefit or burden of a servitude generally runs to an adverse possessor of the benefited or burdened land. The benefit of an affirmative covenant however reaches an adverse possessor who has not yet acquired title only under the conditions stated in the applicable servitude section.
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No. Federal statute expressly bars suits against the United States based on adverse possession so title cannot be acquired against federal property by that method.
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…were stolen from a New York art gallery in 1946. Snyder asserted he was a purchaser for value of the paintings, he had title by adverse possession, and O'Keeffe's action was barred by the expiration of the six-year period of limitations provided by N.J.S.A. 2A:14-1 pertaining to an action in replevin. Snyder impleaded third party…