Adverse Possession: What Is It? (2024)

Not sure how adverse possession will affect different situations? Check out our questions about some real-life scenarios to learn more.

Does the statutory period start over when I move into a new home?

Let’s say you just bought a house and the attached garage is technically on the neighbor’s property. The structure was built over 40 years ago, so the neighbor has been aware of this encroachment for a long time.

As a new owner, the statutory period doesn’t have to restart when you purchased the property. That means you can claim that the trespass began when the garage was built. Forty years is past the typical statutory period, so the neighbor-owner has forfeited their ownership of the property.

If I bought a property that includes a neighbor’s garage, can I have it removed?

Using a reverse of the above scenario, let’s say you bought a property where the neighbor’s garage was built over 40 years ago. Could you challenge your neighbor’s right to ownership?

Aside from asking nicely, there’s likely nothing you can do in this situation. The trespasser has completed the statutory period and property rights have vested. If you sue and the court verifies an adverse possession claim, that would make the thing official and the title would be altered to show the change.

Hopefully, this usage would be disclosed before you complete a real estate transaction. A title search is required so that buyers are aware of any ownership interests beforehand.

If I planted a garden on my family member’s property, can I claim adverse possession?

For this example, let’s say you live next-door to your in-laws and you’ve created a garden that overlaps onto their property. You’ve taken care of the plants for years and everyone is aware that it’s your garden.

At first glance, this might be a successful claim. But some courts have ruled that adverse possession between family members won’t be successful because of implied consent. Because it’s between family members, the property owner may not mind if their relative borrows the land, so it doesn’t meet the hostile criteria.