Adverse Possession

In the context of location intelligence reports for homeowners and homebuyers, adverse possession refers to a situation where an individual, who is not the legal owner of a property, can acquire ownership rights by openly using and caring for the land for a certain length of time. This principle is based on the idea that if a property owner fails to assert their rights and allows someone else to use and maintain their land without permission, the user may be able to claim legal ownership.

Key aspects of adverse possession include:

1. Open and notorious use: The use of the property must be visible and apparent to the owner and others. It cannot be secretive or hidden.
2. Continuous and uninterrupted use: The individual claiming adverse possession must use the property continuously for a specified period, which varies by state law (typically ranging from 5 to 30 years).
3. Exclusive use: The person claiming adverse possession must use the property exclusively, without sharing possession with the legal owner or others.
4. Hostile or adverse use: The use of the property must be without the owner's permission and contrary to their interests.

When considering a property purchase, it is essential to be aware of any potential adverse possession claims that may affect the property's title or boundaries. Reviewing location intelligence reports, property surveys, and title documents can help identify any issues related to adverse possession.