#21 · 2026-08-27 · Legal term
Adverse possession
Adverse possession can transfer title after actual, open and notorious, exclusive, continuous, and hostile possession for the statutory period. Permission defeats hostility, and additional requirements vary by state.
Rule to remember
Adverse possession permits a nonowner to acquire title through possession that satisfies the jurisdiction's required characteristics for the statutory period.
Key elements and checks
- Actual, open and notorious possession.
- Exclusive, continuous, and hostile possession.
- The governing limitations period and any state-specific requirements, such as color of title or tax payment.
In the source’s words
“a trespasser, in physical possession of land owned by someone else may acquire valid title”
Cornell Wex — Adverse possession
Element wording, required state of mind, statutory periods, disability rules, and treatment of government land vary by jurisdiction.