In real estate law, adverse possession is used to describe a situation where a person who does not legally own a specific piece of property claims that they have a right to ownership of it because they have a history of utilizing it in some way. In common vernacular, adverse possession is sometimes referred to as squatter's rights. To help shed more light on this complex topic, here is an introduction to adverse possession.

How Do You Make a Claim of Adverse Possession?

While it may at first seem far-fetched that someone who does not hold a deed to a property can trespass on it and claim to be its owner, adverse possession is a common aspect of real estate law. To make a claim of adverse possession, four factors must be successfully met; the claimant's use of the land must be:

• Hostile: This is just another way of saying that the occupant is on a property for which they do not hold a deed of ownership; a hostile claim can stem from an honest mistake or from full awareness of the fact that that claimant is trespassing.
• Actual Possession: This factor demonstrates that the claimant has treated the property as if they were the owner; for example, they may have performed repairs or improvements over time.
• Open & Notorious Possession: In other words, this means the claimant's occupation of the land is obvious; they made no efforts to be secretive about it, and the fact of their trespass is easily verifiable.
• Exclusive & Continuous Possession: This means the claimant must be the sole possessor of the land for an uninterrupted period of time.

How Can an Attorney Help?

A lawyer can help you make better sense of the intricacies of adverse possession. Many claims of adverse possession can be proved or disproved by examining property deeds and analyzing boundary lines. Your attorney will go over all documentation related to the property and find the information that best supports your case. They will handle all paperwork, filings, and legal motions and work to build a claim that meets all four of the above criteria.

Adverse possession is a complicated issue, and a real estate law attorney will be your biggest advocate in establishing ownership of the land in question. Luke A. Weiland, Attorney at Law, represents clients throughout Wood County, WI, in corporate, estate, and real estate law matters, to name just a few of his practice areas. Call (715) 422-6808 or visit him online to schedule a consultation.