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.
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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
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