What is an adverse possession claim?

An adverse possession claim refers to a legal doctrine that allows a person to claim ownership of land under certain conditions after openly and continuously occupying the property for a specified period, as defined by state law. This doctrine typically requires that the possession be hostile, actual, open, and continuous for a set number of years, which varies by jurisdiction.

The correct understanding of adverse possession is essential in property law because it reinforces the idea that land should be used actively and prevents stagnant ownership. If someone occupies a property in a manner that meets all legal criteria, they can gain legal title to that property, essentially making this method a way to transfer property rights without the consent of the current titleholder. This establishes a clear framework for ownership claims and can resolve disputes about property use and control.