Adverse possession, sometimes referred to as squatter’s rights, is another means of involuntary transfer. An individual who makes a claim to certain property, takes possession of it, and uses it may take title away from an owner who fails to use or inspect the property for a period of years. The law recognizes that the use of land is an important function of its ownership. Usually, the possession by the claimant must be:
The period of uninterrupted possession required to claim title by adverse possession is 20 years.
However, if the party whose property is being claimed has color of title (that is, if her apparently good title actually is invalidated by some flaw) and if the real estate taxes on the property are paid while satisfying the other statutory requirements, the possessory period may be shortened to seven years.
Tacking on – Through the principle of tacking, successive periods of different adverse possession by different adverse possessors can be combined, enabling a person who is not in possession for the entire required time to establish a claim.
