Adverse Possession
In one sentence
Gaining legal ownership of land by occupying it openly and continuously for a set period.
Plain English
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.
Ad slot
Example
Marcus moves a fence line onto his neighbor's property by mistake and maintains the land beyond the fence for 15 years. The neighbor never objects or takes action. After 15 years, Marcus may file a lawsuit to claim he now owns that strip of land through adverse possession.
Used in a sentence
“Adverse possession allowed the farmer to claim title to the neighboring parcel after openly farming it for two decades without objection.”
How Adverse Possession differs by state
Adverse Possession can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama requires 20 years of continuous, open occupation to claim adverse possession of land.
Alaska
Alaska requires 10 years of open, continuous occupation and payment of property taxes to gain adverse possession.
Arizona
Arizona requires 10 years of open occupation and property tax payment, with a color-of-title exception reducing it to 5 years.
Arkansas
Arkansas requires 7 years of open, continuous occupation to establish adverse possession of land.
California
California requires 5 years of open occupation, exclusive possession, and continuous property tax payment to claim adverse possession.
Colorado
Colorado requires 18 years of continuous occupation to claim adverse possession, longer than many states.
Connecticut
Connecticut requires 15 years of continuous adverse possession with no statutory tax-payment requirement.
Delaware
Delaware requires 20 years of adverse possession, one of the longest periods in the nation.
Florida
Florida requires only 7 years of adverse possession if property taxes are paid; otherwise 20 years.
Georgia
Georgia requires 20 years of continuous adverse possession under its statutory framework.
Hawaii
Hawaii requires 20 years of continuous, open possession to claim adverse possession of land.
Idaho
Idaho requires 5 years of adverse possession with payment of property taxes during that period.
Illinois
Illinois requires 7 years of continuous, open adverse possession to gain title to land.
Indiana
Indiana requires 10 years of continuous adverse possession, or 20 years if possession is less than hostile.
Iowa
Iowa requires 10 years of continuous adverse possession with color of title, or 21 years without it.
Kansas
Kansas requires 15 years of open, continuous occupation to claim adverse possession of land.
Kentucky
Kentucky requires 15 years of open, exclusive occupation; tax payment is not required.
Louisiana
Louisiana uses a civil law framework requiring 10 years of possession with good faith and just title.
Maine
Maine requires 20 years of open, continuous occupation without the owner's permission.
Maryland
Maryland requires 20 years of open, exclusive occupation; payment of taxes strengthens the claim.
Massachusetts
Massachusetts requires 20 years of continuous, open occupation to claim adverse possession of land.
Michigan
Michigan requires 15 years of adverse possession, with payment of property taxes for at least 7 consecutive years.
Minnesota
Minnesota requires 15 years of adverse possession, with payment of property taxes throughout the entire period.
Mississippi
Mississippi requires 10 years of adverse possession with payment of property taxes for the entire period.
Missouri
Missouri requires 10 years of adverse possession, with property tax payment required throughout the period.
Montana
Montana requires 5 years of continuous, open occupation with payment of property taxes to claim adverse possession.
Nebraska
Nebraska requires 10 years of continuous, open, and exclusive occupation without paying taxes to establish adverse possession.
Nevada
Nevada requires 5 years of open, continuous occupation with payment of property taxes to gain adverse possession.
New Hampshire
New Hampshire requires 20 years of open, continuous occupation to establish adverse possession without any tax payment requirement.
New Jersey
New Jersey requires 20 years of open, continuous occupation with payment of property taxes to claim adverse possession.
New Mexico
New Mexico requires 10 years of continuous, open occupation to claim adverse possession of land.
New York
New York requires 10 years of open, exclusive occupation, and the possessor must pay property taxes during that period.
North Carolina
North Carolina requires 20 years of continuous, open occupation without the owner's permission to establish adverse possession.
North Dakota
North Dakota requires 20 years of open, continuous occupation, or 10 years if the possessor pays property taxes.
Ohio
Ohio requires 21 years of continuous, open occupation to establish adverse possession of land.
Oklahoma
Oklahoma requires 15 years of continuous, open occupation to claim adverse possession of land.
Oregon
Oregon requires 10 years of open, continuous occupation, or 20 years if occupation is not exclusive.
Pennsylvania
Pennsylvania requires 21 years of continuous, open occupation to establish adverse possession.
Rhode Island
Rhode Island requires 10 years of open, continuous occupation without the owner's permission.
South Carolina
South Carolina requires 10 years of open, continuous occupation, or 30 years if occupation is less obvious.
South Dakota
South Dakota requires 20 years of continuous, open, and exclusive possession to claim adverse possession.
Tennessee
Tennessee requires 7 years of open, exclusive possession, or 20 years of possession with color of title.
Texas
Texas recognizes a 3-year adverse possession period with color of title and tax payment.
Utah
Utah requires 7 years of open, exclusive, and continuous possession without the owner's permission.
Vermont
Vermont requires 15 years of open, exclusive, and continuous possession to establish adverse possession.
Virginia
Virginia requires 15 years of continuous, open, and exclusive possession to claim adverse possession.
Washington
Washington requires 10 years of continuous possession plus payment of property taxes to claim adverse possession.
West Virginia
West Virginia requires 10 years of open, continuous possession to establish adverse possession.
Wisconsin
Wisconsin requires 20 years of continuous, open possession to claim adverse possession of land.
Wyoming
Wyoming requires 10 years of open, continuous possession plus payment of property taxes for adverse possession.
District of Columbia
Adverse possession requires 15 years of open, continuous occupation with intent to claim ownership.
Related terms
Quiet Title
A lawsuit to establish clear, undisputed ownership of property and remove competing claims.
Material Fact
A fact that significantly affects a party's rights, obligations, or decision-making in a contract.
Legal Capacity
The legal and mental ability to enter into a binding contract.
Public Policy
Contracts that violate society's fundamental interests or values are unenforceable.
Life Estate
The right to use and enjoy property during someone's lifetime only.
Assignment
Transferring your contract rights to someone else.
Homestead Exemption
A legal protection that shields a primary residence from creditors' claims up to a certain value.
Tenant Rights
Legal protections and entitlements that renters have regarding their leased property and living conditions.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.