Breaking it Down: Adverse Possession of Real Property
- Christine Gaab
- 4 days ago
- 3 min read
“Real property” refers to any land, real estate, dwelling, or similar immovable property that a person may own, purchase, or occupy. The most common way to gain ownership of real property is by deed, such as through buying a home or land. However, there is an interesting area of the law where property can be acquired when an adjoining land owner has taken care of their neighbor’s land for many years. This is a very specific and complex process of adverse possession. Under Pennsylvania law, a person may petition the court to acquire title to real property through adverse possession after satisfying the elements and required time period.
Although adverse possession may seem unjust to landowners, there are many societal benefits. This process allows individuals to promote land development, economic usage of property, and even correct title defects. For example, let’s say a neighbor has continuously planted a vegetable garden on a portion of land belonging to another homeowner for over 15 years. Through the neighbor’s actions on the land, they have begun to satisfy one of the elements of adverse possession. (Note, often in law, elements refer to the essential component that must be proven to establish a legal claim or defense, so the ‘elements of adverse possession’ are the items required to establish a valid claim.)
Adverse Possession Elements
Pennsylvania’s statute on adverse possession holds that, “title to real property may be acquired after…actual, continuous, exclusive, visible, notorious, distinct and hostile possession of the real property.” The types of possession listed in the statute are the elements that an adverse possessor must satisfy.
Actual possession means actually using the land, and in a manner consistent with how the actual owner would use it. In our example, the neighbor’s control over maintaining the vegetable garden on the homeowner’s land would satisfy the actual possession.
Continuous possession is the use of the property for an uninterrupted period of time in such a way that is characteristic of that specific property. A vegetable garden planted on the homeowner’s primary residence may require more uninterrupted maintenance than that of a beach house, which would warrant more periodic-like possession.
Distinct and Exclusive possession means that there are no others possessing the property throughout the time period. If both the neighbor and the homeowner were planting vegetable gardens on the property in our example, this would not be exclusive possession.
Visible and Notorious possession requires the adverse possessor to openly possess the property, such that others would reasonably be aware. If the neighbor was planting the vegetable garden behind a large tree on the homeowner’s property, their usage would be concealed and this element may not be satisfied.
Hostile possession means that the actual owner has not given the adverse possessor permission to occupy the property. In our example, if the neighbor knew that the property belonged to the homeowner, and the homeowner had permitted the neighbor to plant the garden, this would negate the hostile possession element.
Length of Time
If all of the elements of adverse possession are satisfied, an individual must also meet the length of time required for their circumstances. In Pennsylvania, adverse possessors must generally meet a 21-year time period. In cases where the real property at question is less than half an acre and a single-family dwelling, the adverse possessor may only need to meet a 10-year period.
Note, these statutory time requirements also are permitted to “tack,” meaning that you may add the time periods together between successive owners to satisfy the requirements. So, in the garden example, if you bought a house and took over the garden that your house’s previous owner had started, the time period would have begun at the time the previous owner had started caring for the land.
When the adverse possessor has met all the statutory requirements and the 21-year time period, the individual has met the legal elements to acquire title to the land. The final step to legally acquire title is for the adverse possessor to file a quiet title action with the court, which would establish their ownership of the property.
Homeowners who may be worried about adverse possession can proactively ensure their property lines are accurate through a survey. Additionally, an adverse possession claim could be mitigated through title insurance, which should be acquired upon purchasing the property. Reach out to an attorney to discuss additional questions or concerns regarding the complex topic of adverse possession.
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DISCLAIMER: This blog post is meant for informational purposes only and does not constitute specific legal advice or create an attorney-client relationship. Readers should discuss their specific situation and considerations with an attorney.