Real Estate Law - Adverse Possession

I recently started Real Estate Law Class, and I have learned some interesting things so far. There are many ways to acquire property, one of the ways is through adverse possession. The legal definition of Adverse Possession is the legal taking of another person's property by meeting the requirements of the state statute, typically open and continuous use for a period of five to twenty years.

How adverse property works is a person unlawfully takes possession of a house, like a "squatter". They make their residence at the property for a certain amount of years. Depending on the laws of the state, that person could become the legal owner of the property when the statute of limitations has expired. At that time the "squatter" becomes legal title owner of the property, and the original owner loses  ownership of the property.

Some states have different laws on adverse possession, some require that the person that takes the property unlawfully to have continuous possession of the property for 5 - 20 years. If there is multiple periods of possession of the property in order to satisfy the requirement of the law, Tacking of periods of adverse possession may be allowed if there is evidence between the party to be contractual or blood relationship.

By Tacking periods of adverse possession, the party members would meet the requirements necessary to gain legal title to the property. By taking adverse possession of the property the party would not have any kind of paperwork, or deed to the property. So if the party member would ever want to sell the property, they would have to bring an action to court, known as a Quiet Title. By bringing a Quiet Title action, the person is challenging the whole world, to come forward if they want to challenge the party member's ownership of the property. The party that took adverse possession of the property would have to provide affidavits or witness accounts on how long the party member had continuous possession of the property. They would also have to provide the nature on how they acquired the property.  If no one comes forward, and the evidence determines that the adverse possessor should be deemed owner of the property, then the court will rule that the person become legal title owner of the property, and they will have legal ownership of the property.



Tacking: A term applied especially to the process of establishing title to land by adverse possession, when the present occupant and claimant has not been in possession for the full statutory period, but adds or "tacks" to his own possession that of previous occupants under whom he claims.

Quiet Title: A proceeding to establish the plaintiff's title to land by bringing into court an adverse claimant and there compelling him either to establish his claim or  be forever estopped from asserting it.