Adverse Possession Quiz

Adverse Possession: How a Property Can Be "Legally Stolen"

• Adverse possession is a legal right that allows someone to acquire ownership of a property by occupying it without the owner's permission.
• The concept originated from old England where the aristocracy owned real estate but did not always use it productively.
• In the United States, adverse possession was established to promote economic use of real estate and to challenge aristocratic ownership.
• There are five elements required for someone to legally acquire a property through adverse possession.
• An actual case involved a man successfully claiming adverse possession of a property that was once a meth house.
• The man entered the property, changed the locks, cleaned it, and leased it out to tenants over a 5-year period.
• He then sued for adverse possession and had to prove five elements in court to acquire ownership.
• The five elements included proving hostile occupation, open and notorious ownership, actual possession, continuous ownership for a required period, and exclusive ownership.
• The court ruled in the man's favor and declared him the owner of the property, essentially for the cost of 5 years of taxes.
• It was discovered that the property originally belonged to a little old lady who was unaware of her ownership and lived far away.
• The lady, in her 90s, was not upset about losing the property and was glad the meth problem was resolved.
• Practical measures should be taken to prevent falling victim to adverse possession.