Adverse Possession
Also referred to as Squatter’s Rights, adverse possession enables a person living on or using someone else’s property to legally take ownership of said property if the original owner has abandoned and/or not claimed ownership over a certain period of time. This law came in to effect to encourage land/property upkeep and utilization. Adverse Possession can be determined by the mnemonic HELUVA: Hostile, Exclusive, Lasting, Uninterrupted, Visible, Actual. A squatter must demonstrate the following actions in order to legally take ownership of a property:
- Hostile – possess property with no permission from original owner.
- Exclusive – be the only person/family to possess the property and keep it exclusive from others.
- Lasting – lasts for the statutory period as set by states.
- Uninterrupted – continuous possession.
- Visible – open and notorious about possession.
- Actual – must actually possess the land and inhabit as intended.
Frequently Asked Questions about Adverse Possession
What is adverse possession?
Adverse possession, also known as squatter’s rights, is a legal doctrine that allows a person to claim ownership of land if they have occupied it without the owner’s permission for a certain period, and the owner has not intervened.
Why does the law allow for adverse possession?
The purpose of adverse possession is to encourage land and property upkeep and utilization. It prevents properties from remaining unused and neglected for extended periods.
What does HELUVA stand for in the context of adverse possession?
HELUVA is a mnemonic that outlines the conditions for adverse possession:
Hostile – without owner’s permission
Exclusive – solely possessed by the claimant
Lasting – for the statutory period
Uninterrupted – continuous use
Visible – open and obvious occupancy
Actual – physical use or habitation of the land
What does "hostile" mean in adverse possession?
“Hostile” means the squatter is occupying the property without the permission of the legal owner.
What is required for the “exclusive” condition in adverse possession?
The claimant must be the sole user of the property and must exclude others from possessing or using the land during the required period.
How long must possession last for a claim to qualify?
The possession must last for the statutory period, which varies by state. This requirement falls under the “Lasting” condition in the HELUVA test.
What does “visible” possession mean?
“Visible” means the occupation must be open and obvious, so that the legal owner could reasonably be aware someone is using the property.
Is it necessary to live on the land to claim adverse possession?
Yes, the “Actual” condition requires that the claimant physically possess and use the land in a manner consistent with its intended use.
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