Rules for claiming adverse possession

Tribune Content Agency Q: In the state

of Virginia, if a piece of property is occupied and the taxes are paid for by an occupant with the owner not living at that address, how many years would have to pass and what would the process be to take ownership? A:

We assume that what you are asking is whether you can take ownership of a piece of land owned by someone else through adverse possession. It’s not easy to deprive someone of his or her ownership of a piece of property. Some might liken it to stealing someone’s property. But in reality, when the process of adverse possession is a way to clean up the land title records that over time can get messed up.

For example, in some rural areas, you can have parcels of land that may have been owned by a family for some time, but when the older generation dies off, the younger descendants may never have had any knowledge of the land ownership. Over time, the land is left vacant with no one to take care of it. As the years pass, it would be in the public’s best interest to make sure that the property is used productively in some way.

Even though it is in the public’s interest to clean up land records, you still don’t want to make it too easy for people to just claim ownership of other people’s property rights. So, over time, the process of adverse possession created certain general requirements that you must follow to make that claim.

In general, you can’t just move to a piece of property and make it your own. Among the general rules you have to follow to claim adverse possession is that a certain amount of time must pass before you can make a claim on a piece of property.

First, you have to use or live on a piece of property and claim it as your own to the exclusion of others. Then you use it continuously for up to 20 years or so, depending on your state laws. You may also have to pay the real estate taxes on that piece of property. Your use of the property must be open and notorious.

These requirements are general, but they give you a general idea. If the owner of the piece of property leases the land to you, you have his or her permission to be there and can’t claim adverse possession. If you sneak onto the property and live in a tent, and no one knows that you are using it, you can’t claim adverse possession. If you use the property from time to time or others use it with you, you also can’t claim adverse possession.

Simply put, you must use the property exclusively for 20 or so years and claim yourself as the owner of the property to the exclusion of others. If you meet these requirements, you might have the right under state law to claim adverse possession. However, if at any time the rightful owner of the property has come to the property and told you that he or she gives you permission to be there, your claim might also fail.

We’re not in a position to give you specific advice on your situation. You should seek legal counsel in your state to see if you might qualify. (Every state’s laws are a little different when it comes to adverse possession. In some states, the rules are more lenient and the time span is far shorter than 20 years.)

Finally, keep in mind that even if you are able to get ownership by adverse possession, you might still need to take legal action to change ownership of the title from the former owner to your name. We wonder what the true value of the property in question is, and what it would actually cost you to make the claim and have a court grant you the ownership you seek.

Ilyce Glink is the creator of an 18part webinar and ebook series called “The Intentional Investor: How to be wildly successful in real estate,” as well as the author of many books on real estate.

(c) 2015 Ilyce R. Glink and Samuel J. Tamkin. distributed by Tribune Content Agency, LLC.