Adverse Possession, Elements of

Possession must be:

1. Continuous for the statutory period.

a) No physical interruption or court action seeking possession

b) at common law the statutory period is twenty years

2. Open & notorious

a) the possession is visible so as to give the owner reasonable notice that the possessor is claiming ownership

b) this is so that the owner can defend his rights

3. Hostile and adverse

a) the possession must be under a claim of right [possessor actually believes that he owns the property], or possessor acknowledges he has no right to enter the property, but he has the intent to claim it for his own.

i. a minority of courts don’t allow a knowingly wrongful possessor to gain title, not wanting to reward a thief.

4. Exclusive

a) Can’t share possession with owner or public in general

5.  If all four elements are satisfied, the original owner can no longer exclude the adverse possessor who holds new title.

6.  Possession itself can be indicated by facts like fencing, living on the property, acts of possession as well as paying taxes (taxes alone is insufficient) or any other use a true owner would make of the property.

ECHO: Exclusive, Continuous, Hostile, Open