Also known as:squatters' rights · squatter rights · squatters rights · adverse possession
Written by attorneys · grounded in primary & secondary sources — see below
The right to acquire title to real property by adverse possession or by preemption of public lands.
Sources & Authorities· 3 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Common Law
Restatements
How it applies
Common Examples
6
Mistaken Boundary Tacking
Selena Singh and her predecessors believed a narrow strip along their farm belonged to them because of an old survey error. They planted crops, built a shed, and grazed livestock on the strip for decades under that good-faith belief. When the true owner later objected, the court allowed the periods of use to tack together because each possessor acted under the same mistaken claim of right.
Operation of Law Transfer
Sophia Singh occupied a vacant parcel continuously for the statutory period without permission from the record owner. After satisfying all elements of adverse possession, title passed to her by operation of law even though no deed was ever executed or delivered.
Sarah Sullivan openly displayed three paintings in her gallery for more than the limitations period after acquiring them from a prior possessor. The original owner later sought replevin, but the court held that the continuous, open possession had ripened into ownership under adverse possession principles applicable to chattels.
O’Keeffe v. Snyder416 A.2d 862
Eminent Domain Challenge
Simon Stern purchased a home through foreclosure and later faced a city taking of the property for redevelopment. He asserted that his long open possession had already conferred title, but the court held that adverse possession does not override the government's eminent domain power.
City of Norwood v. Horney853 N.E.2d 1115 (Ohio 2006)
Intentional Trespass Claim
Solomon Silver repeatedly crossed his neighbor's land to deliver mobile homes despite posted no-trespassing signs. The owner sued for trespass and punitive damages. The court held that repeated intentional entries alone do not ripen into title without satisfying all adverse possession elements for the statutory period.
Jacque v. Steenberg Homes, Inc.563 N.W.2d 154 (Wis. 1997)
Federal Land Dispute
Serena Soto claimed a right-of-way across federal land based on decades of continuous use by her family. The United States argued that adverse possession cannot run against the government, and the court dismissed the claim under federal law barring such suits.
Marvin M. Brandt Revocable Trust, et al. v. United States134 S. Ct. 1257 (2014)
Common questions
Frequently Asked
2
Does adverse possession allow tacking when each possessor acted under a good-faith mistaken boundary belief?+
Yes. Successive periods of possession may be tacked together when each claimant and predecessor used the land under a good-faith belief it was their own due to a mistaken boundary.
Supporting sources
Can title pass by adverse possession without any deed from the record owner?+
Yes. Adverse possession transfers real property by operation of law and passes title without a deed from the transferor.
Supporting sources
497 U.S. 261, 277 (1990)Constitutional Law
…A. 2d 268 (1963) (promoting settled expectations concerning property rights by requiring clear and convincing evidence to prove adverse possession). [^maj-17]: The majority's definition of the "status quo," of course, begs the question. Artificial delivery of nutrition and hydration represents the "status quo" only if the State has…