Adverse possession permits an individual to acquire legal ownership of real estate owned by someone else under specific conditions. The claimant must possess the property in a manner that meets several requirements including being hostile, actual, continuous, open and notorious, and exclusive. Each state has its own statutes regarding the duration and specific criteria for adverse possession. In rare cases, someone can successfully claim property this way, but the requirements are strict and include a lengthy possession period. Easements and defined property lines can help prevent such situations.
Adverse possession is a legal doctrine that allows for a person in possession of someone else's real estate to acquire a valid legal title to the property. It requires that possession is hostile, continuous, open and notorious, actual, and exclusive, and must last for a certain period defined by law.
The adverse possessor must demonstrate continuous and open occupation of the property, which cannot be secretive or non-assertive. If these criteria are met for the statutory period, they could ultimately gain ownership.
Certain preventative measures can be taken against adverse possession, such as clearly marking property lines, having easements in place, and renting out the property. These strategies mitigate the risk of unintentional claims to the property.
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