Adverse Possession in Virginia
State-specific overview · Property & Real Estate
Virginia requires 15 years of continuous, open, and exclusive possession to claim adverse possession.
How Virginia treats Adverse Possession
Virginia follows the standard adverse possession framework with a 15-year statutory period. The possession must be actual, open, notorious, exclusive, and hostile to the true owner's rights. Virginia courts have historically been somewhat restrictive in granting adverse possession claims, requiring clear and convincing evidence that all elements are satisfied. Payment of property taxes is not required under Virginia law, though it may strengthen a claim.
The general definition of Adverse Possession
Gaining legal ownership of land by occupying it openly and continuously for a set period.
If someone uses another person's land openly, without permission, and continuously for many years (typically 7–21 years depending on the state), they may eventually become the legal owner. The original owner must not have stopped them during that time. This doctrine rewards people who improve and maintain land while punishing owners who abandon or ignore their property.
Read the full Adverse Possession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Virginia.