[TheBattman]

And legal in most, if not all states. The difference is generally in how long the “squatter” - aka the one stealing the property has to be in possession/use of the property before they gain legal rights to it. In some cases, the original owner must not have made any “improvements” or maintained the property...

I have never understood how this can be Constitutional or what these laws were meant to address. But I have seen it used in some very ugly and injust ways over the years.

This is a reminder of why you MUST be vigilant to defend your property - it can be taken for something as simple as - a neighbor builds a fence that is actually encroaching on your side of the property line. You say nothing - as you feel like you benefit from the fence... but 8 years (or however long down the line your state law mandates), that neighbor could go to court and get an order that the encroached on bit of land is now theirs -and you would have essentially NO case - unless you can prove that you formally argued before the filing of the case.

I’ve seen this done with property that the owner of record didn’t know they had been left the property by a deceased family member - someone saw that it wasn’t being used - and just moved in - and because the heir lived many hours away and was unaware - they lost the property.

And there are people who now actually make money by practicing this game -

And its why you should ALWAYS run off trespassers, including homeless folks who might sneak out to your property or woods and sleep/camp.

[SJSAMPLE]

This of it this way:

200 years ago, or even 100 years ago, there simply wasn’t the surveying or data storage technology to properly register land. So, you buy a plot, set up stakes and nobody says a word. You build on that land for decades, innocently thinking it’s yours. You build a LIFE on this land.

Then, along comes another party with a claim on the land. Years have passed and now the land can be properly surveyed and, sure enough, you’ve built your life on their property. You never meant to, and you innocently thought you were building on your own property. But, for decades, the rightful owner said nothing. Should you lose that land because of map, surveying or registry mistakes? THAT is what these laws were designed to prevent.

Now, if you KNOWINGLY build or encroach upon someone else’s land, should this law cover you? Definitely not. If the land is properly deeded to another party and both the possession and registry is clear, no third party should have a permanent claim on it. However, most of these laws have not been updated to support those claims.

[13foxtrot]

The policy behind adverse possession laws is related to encouraging utilization of the land. Land is scarce, if the current owner isn't utilizing the land and someone else is, adverse possession may apply.

Different states have different rules, but they usually require:

• Notorious use -- meaning it has to be obvious and out in the open.
• The adverse possession must last continuously for some length of time 6-10 years, or so.
• Some states require that the adverse possessor must have paid the taxes, some don't.
• Can't adverse possess government land.
• adverse possessor's claim is limited to the actual portion of the land they use -- not the entire parcel

The owner probably could have prevented the AP if they noticed it and protested before the adverse possession time lapsed.

As mentioned elsewhere in this thread, granting a license (permission) usually prevents adverse possession as well.

Folks unaware of how adverse possession works in their area should also research implied easements -- they have some similarity to AP and are far more common.

[Sacajaweau]

They gotta sleep there for about 10 years...usually. (Every state is different.) And they can’t be hidden.

[21twelve]

I wonder if these same laws apply to building a small shack out on Federal land somewhere and after so many years without ever being discovered it becomes your property?

HAAAAAA!

[Bonemaker]

I have a situation like that with a small parcel in New Mexico. I pay $5 in real estate taxes each year and as far as I know I am still owner. I would sell if I could find a buyer. It’s an off-the-grid/earth ship type deal. Can dump a submachine gun magazine there if you want.

[Mean Daddy]

We built a new house & was talking to a neighbor who had put in a chain link fence only to have the developer of the property next door tell him his fence was about 2’ over so he had to have the fence company backout to move it. My SIL has access to surveying equipment and while not official, he did verify that the pins matched the survey posts that they put in 5-10 years ago.