Adverse Possession
In this post, we’ll be going over adverse possession. But what exactly is adverse possession? Read on to learn more!
Adverse possession is a legal doctrine that allows someone who inhabits or possesses land owned by another person to eventually acquire valid title to that land. The phrase “acquire title” or “hold title” just means that person legally owns the property. In order to acquire title to the land, certain elements must be met. Let’s break those elements down using an example where Oliva is the rightful landowner and Philip is the party adversely possessing the land.
Actual Possession: Philip must be physically present and using Oliva’s property. He must hold himself out and act as the owner of the property, maintaining and fixing up the property when needed.
Continuous Period: Philip must maintain continuous and uninterrupted possession of the property. His possession cannot be divided up into different periods of time.
Hostile: For purposes of adverse possession, “hostile” doesn’t mean “unfriendly,” but instead means that Philip’s possession of the land must infringe on the rights of Oliva, the lawful owner. If Oliva grants Philip her permission to use the land, then his possession of the land is not hostile. A renter, for example, could never adversely possess their rented property, because they have permission from their landlord to be there.
Open and Notorious: Philip’s possession and use of the land must be obvious to the public—he has not attempted to hide his possession or keep it a secret from Oliva.
Exclusive Possession: Philip must be the only party occupying the land. He cannot share control of the land with anyone else, and he especially cannot occupy the land with Oliva. He excludes others from occupying the land, as if he himself was the lawful owner.
Requisite Period of Time: This period of time varies by state, but in Oklahoma, the possessor must occupy the land for 15 years. This means that Philip does not have a claim to adverse possession until 15 years have passed since his possession, at which point he will be the lawful owner of the property. During those 15 years, all the elements described above must also continue to be met.
Note that some states also require an element called “color of title”, where that the adverse possessor also have a good faith belief that they are legally entitled to ownership of the property. Oklahoma, however, does not require this element for claims of adverse possession.