Quote:
Originally Posted by birchhaven
if you trespass long enough it is your land according to what might be the most ridiculous law I have ever heard of, adverse possession.
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Adverse possession is more than just trespassing, its a process that has requirements to possess the land. A trespasser must openly occupy the property exclusively and use it as if it were his own.
If you trespass for 20 years openly and the owner of the property fails to recognize what is happening then they deserve to lose the land being possessed. It happens more than you would think.
Basic requirements for adverse possession
Adverse possession requires at a minimum five basic conditions:
• Open and notorious use of the property – The disseisor's use of the property is so visible and apparent that it gives notice to the legal owner that someone may assert claim. It must be of such character that would give notice to a reasonable person.
• Continuous use of the property – The disseisor must, for statute of limitations purposes, hold that property continuously for the entire limitations period, and use it as a true owner would for that time.
• Exclusive use of the property – The disseisor holds the land to the exclusion of the true owner. If, for example, the disseisor builds a barn on the owner's property, and the owner then uses the barn, the disseisor cannot claim exclusive use.
• Actual possession of the property – The disseisor must physically use the land as a property owner would, in accordance with the type of property, location, and uses. Merely walking or hunting on land does not establish actual possession.
• Non-permissive, hostile or adverse use of the property – The disseisor entered or used the land without permission. Renters, hunters or others who enter the land with permission are not hostile.