Adverse possession
A legal doctrine that lets someone gain title by openly occupying land for a long time, usually 10 to 20 years, meeting specific tests. Rare but real.
Every term like this one lights up in the step you're on.
Free to set up. No credit card.Part 1 of 4
Why a seller cares
A neighbor who has openly used a strip of your land for a decade or two can, in rare cases, claim it. It usually surfaces at a survey, and it is a reason a fence a foot over the line is worth knowing about before a sale.
Part 2 of 4
A simple example
Your neighbor's driveway has crossed your line by three feet since 2004, in the open, with nobody objecting. A buyer's survey finds it.
| What the survey shows | What tends to follow |
|---|---|
| A long, open, unchallenged use | A title question the buyer's lender wants resolved |
| A boundary agreement signed with the neighbor | The line is settled and the sale proceeds |
| A quiet title action | Months, a lawyer, and a court's answer |
Adverse possession is rare, and a survey is where it stops being theoretical.
Part 3 of 4
What people get wrong
That it happens quietly. Every state's test includes open and obvious use for many years; a hidden use does not count.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
One piece of your sale. Here is where all the pieces live.
In your room, this word explains itself where it appears.
Keighbor keeps your whole home sale in one place and defines every term like this one right where you meet it, in the step you're on. Free to set up, with or without an agent.