The ownership rights of property are typically outlined in deeds. Deeds are legal documents that gather ownership rights and put them all in one place. Nonetheless, clarifying the ownership of certain types of property is not always easy.
Often, multiple parties will claim to have an ownership stake or at least a right to use certain property or pieces of land. Adverse possession occurs when an individual who did not originally own a piece or property used it on a continuous basis and stakes a claim to ownership.
Outlined below are some common examples of adverse possession.
Adverse possession of land
Properties that include large pieces of land, such as large gardens, are often subject to adverse possession claims. If the original owner pays little attention to a piece of land and does not secure it for a long time, someone else may start to use that land on a continuous basis.
“Abandoned” buildings
Adverse possession claims also occur when someone who isn’t the original owner of a building begins to use it due to its “abandonment”. Examples of this may include abandoned apartment complexes or cabins in more secluded areas.
Key elements of adverse possession
For adverse possession to occur, certain criteria must be met. Firstly, the building or land must not be hidden or secured. It must be easily accessible. Secondly, the use of that land or building must not be in the best interests of the owner. For instance, someone who has renovated a derelict building or piece of land may have a legitimate claim to that property, as long as they have used it continuously. Finally, the use of the land or building must be exclusive. If many people use the property, this reduces the likelihood that anyone other than the original owner has a claim to the property.
Intruders on your property can be difficult to deal with, and the line between an intruder and someone who has a legitimate ownership claim is not always clear. Seek legal guidance to clarify any type of dispute involving property or real estate.
