While making a general claim for adverse possession can be easy, the process of proving adverse possession is a different ballgame.
Adverse possession has specific, detailed requirements that must be proven for a successful claim. Courts can and will look carefully at whether a claimant has met each of these criteria; more so, in my opinion, than most other legal claims involving property.
Here, I’ll discuss how to prove adverse possession and what to look for in making such a claim.
Overview of Adverse Possession
Adverse possession is a legal action by which someone can acquire another’s property through continuous use. The requirements for one of these claims are specific, and include a showing that the use was non-permissive. If the claimant was authorized to use the property, such a claim will not be successful.
How to Prove Adverse Possession: What to Look For
If you have personal knowledge of the property use for the twenty-year period, this can be offered as evidence for proving adverse possession. Other helpful evidence can include testimony from neighbors who lived near the property, photographs, and receipts for any work done on the property.
Often, a claimant has not lived or observed the property for the twenty-year period required for adverse possession. Fortunately, a claimant is allowed to include prior, similar use from predecessors for an adverse possession claim (known as tacking). Doing so often requires a claimant to track down the prior owners or users of the property, or others who may have past knowledge about the property’s use.
When I’m asked by claimants about how to prove adverse possession, I always emphasize that it is critical to make a strong case for each of the required legal elements. Adverse possession often results in the loss of property ownership to another party. No court will consider this unless a solid claim is shown.
For this reason, it is critical to have an experienced attorney help you with adverse possession, who has worked on these kinds of cases before. If you need assistance with such a matter, contact me for a consultation.