Most of us think that land we bought and paid for will be ours forever. Although they are rare, there are some instances where a continual trespasser can gain legal title to property if they can meet certain additional conditions. This legal concept is known as “adverse possession,” and this can sound pretty scary for people who own a large parcel of land or a smaller piece they don’t visit very often. With adverse possession, someone gains title (ownership) to the real estate by continuously occupying it for a certain length of time. In order to acquire property using adverse possession, you need to treat the property as if you own it by making improvements to the property and, in some states, paying taxes. While new to most laypeople, the idea of adverse possession is a fairly old legal doctrine intended to encourage landowners to make beneficial use of their land or keep a close eye on it if they aren’t using it. To successfully claim land under adverse possession, the claimant – also called the plaintiff in the quiet title action – typically must demonstrate that his or her occupation of the land meets the following requirements: Occupy the land in an open and notorious fashion: Many courts interpret the “open and notorious” requirement to mean that the trespasser must act in a manner consistent with ownership. The main point of this requirement is that it is intended to put the true owner on notice about the trespasser. If the trespasser acts secretively or sneakily, there can be no adverse possession. You can’t be hiding on the property if you want to claim it using adverse possession. Instead, it must be obvious to anyone that someone is living on the land. Visible changes to the property should tip people off that someone is living there. Accordingly, take photographs or get witness testimony that they saw you coming and going from the property regularly. Breaking Down Adverse PossessionAdverse possession and the requirements to prove it can vary widely between jurisdictions. In many states, proof of payment for the taxes on a property and a deed are essentially required for the claimant to be successful. Each state has a time period during which the landowner of record can invalidate the claim at any time. For example, if the state threshold is 20 years and the landlord paints or pays for other maintenance on the house in question in the 19th year, then the claimant will have a difficult time proving adverse possession. That said, landowners are advised to remove the possibility of adverse possession as soon as possible by having signed agreements for any use of owned property. Adverse Possession and HomesteadingAdverse possession is similar to homesteading in practice. In homesteading, land that has no owner of record or is government owned is granted to new owners provided they are using and improving it. If a homesteader doesn’t use the land, they can lose it. Adverse possession can operate in a similar manner by freeing up land with unclear title for productive use. Of course, adverse possession can also be abused in ways homesteading cannot. If there is an informal easement between two farms where one farmer’s fence has an acre of the neighbors’ land in it, for example, the farmer using it can claim adverse possession to essentially bite off that chunk of land if there is no written easement agreement. Adverse Possession and Intellectual PropertyAdverse possession has been proposed as a possible solution to discourage abuses of intellectual property rights like cyber squatting, excessive copyright and patent trolls. Applying adverse possession to intellectual property as well as physical property would force the abusers to put more resources into actively using their portfolio of trademarks, patents and so on, rather than just sitting on them and waiting for the actual innovators to step in their territory. No Claims Against Government LandLand held is generally immune from adverse possession actions. That means that title to public lands usually can’t be acquired by adverse possession. Compulsory acquisition is the power of government to acquire private rights in land without the willing consent of its owner or occupant in order to benefit society. This power is often necessary for social and economic development and the protection of the natural environment. Compulsory acquisition requires finding the balance between the public need for land on the one hand, and the provision of land tenure security and the protection of private property rights on the other hand. Compulsory acquisition is inherently disruptive. Even when compensation is generous and procedures are generally fair and efficient, the displacement of people from established homes, businesses and communities will still entail significant human costs. Where the process is designed or implemented poorly, the economic, social and political costs may be enormous. Adverse Possession Lawyer Free ConsultationWhen you need legal help with an Adverse Possession real estate matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
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Why Are Divorce Rates So High? via Michael Anderson https://www.ascentlawfirm.com/how-does-adverse-possession-work-in-utah/
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