In fact, that’s just what one family did. They found a place on the river, and decided to build there. They built a house. They planted a garden. They enjoyed their view and the joys of living on a waterfront property. They lived there for over ten years. And they didn’t even pay any taxes on the property. What could be better?

    Then things began to go wrong. The owner showed up one day. He said they didn’t belong there. He told them to move. He took them to court. The judge said, "Too bad. The land belongs to them now. You people need to get a surveyor to plot out the land that you have been using, and I will deed it to you."

    The people were happy. The original landowner was not. As most of you have guessed by now, this process is called adverse possession. It is a fixture in the laws of the various states, with mainly differences as to the time periods that are required. The above story is true , and is taken from court records.

    There were a number of reasons for these laws. In the past, it was not uncommon for people to sell property in large tracts, or in undeveloped areas. Many times there were no surveyors available. Descriptions were sometimes vague, using such landmarks as trees, fences, riverbanks, and other movable points as boundaries. Lots of times, a deed may be for a surveyed parcel, but for many years, people have just assumed that the land they were occupying was that described in the deed, while it was not.

    A builder in a new subdivision, recently got a permit, cleared a lot, and put in the underground plumbing. When he went to pour cement, the truck driver apparently told him it was not the right lot. It was not even the right street.

    Another time, a bank foreclosed on a property that had a house and a vacant lot next door. They sold the house. Eventually the vacant lot sold for taxes. Imagine how happy the couple who had bought the house were when they found that their deed was for the vacant lot next door, and that the property that had sold for taxes was actually their house.

    Mistakes happen. The law in most states takes notice of these circumstances. For many reasons, after a period of time has past, the law tends to recognize the status quo. In the case of property ownership, the body of law is usually called adverse possession. Most states recognize this in one way or another. The applicable rules may fall under the section of laws called Limitation of Action. It is more commonly known as the statute of limitations. That simply means that a person is barred from filing suit to change an existing circumstance after a period of time has elapsed. You may have to go to court, but you can usually keep what you thought was yours if sufficient time has passed.

    In suits to claim adverse possession, the courts have generally become much stricter in their guidelines. However, the basic premise remains the same in most places. The usurper of the land must generally do at least three things. They must claim the land openly, where everyone could see it, and without permission. They must have generally used the land continuously for a period of time, with no breaks in the usage. They must have used the land exclusively, with no usage by the original owner.

    The courts have generally set rules that encompass these three features, as well as others in the same vein. It is difficult to understand how someone could openly and blatantly use another’s property without permission, but it does still happen.

    Check with an attorney about the laws in your state before you attempt to acquire property in this manner. Remember that you will be trespassing to begin with. And suppose the owner throws you off the land after you have built a house, but before the time for adverse possession has run? Sorry about that. 

   Of course, there is the other side of the coin. It could happen to you. If your fence is on your property, not exactly at the property line, your neighbor may be able to claim that little extra. Are you certain that you own what you think you do? Has your property been surveyed? You may be surprised.