What is adverse possession?   Kiritsis Law Group 212 922 0005

May 13, 2021

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Generally, it is a real property claim, by a person with no title against a person who has title of the real property. A successful adverse possession claim, usually requires a claimant to establish open, notorious, hostile possession and use of real property to the exclusion of titled owner. However, it is important to note that an adverse possession claim has to meet different requirements depending each different jurisdiction. The party who seeks to claim a right to title by adverse possession is called a disseisor. Many jurisdictions may impose their own  unique requirement, such as: property tax payments, good faith, bad faith, and/or claim of right. A common misconception of adverse possession is its association with squatter rights; although, depending on the jurisdiction this maybe true, adverse possession is a legal term of art, whereas squatter rights could be a broad category of rights to people who don’t have legal ownership of a property.  Adverse possession often arises upon an owner’s acquiescence of his property rights.

 

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