The Expert Podcast

• Definition of Adverse Possession:
  • Legal term that allows gaining ownership of real estate through use over time.
  • Requires specific actions and conditions to be met.
• Key Elements of Adverse Possession:
  • Notorious: Must be obvious and without permission from the owner.
  • Conspicuous: Use of the property must be visible and not hidden.
  • Continual: Must occupy the property for a certain duration (typically 5-10 years depending on the state).
• Example of Adverse Possession:
  • Living next to a neighbor and using an area of their property (e.g., a fence line) for a significant time (e.g., 10 years).
  • Even if the neighbor is unaware, the length of use can lead to ownership.
• Important Clarifications:
  • Not Squatting: You can't just break into a property and claim ownership after a short period.
  • Adverse possession requires a long-term, open, and notorious occupation.
• Legal Steps to Take:
  • Contact an attorney to file necessary papers for legal ownership.
  • Consult with professionals knowledgeable about adverse possession laws in your area.
• Common Misunderstandings:
  • Adverse possession myths exist; it's essential to understand the legal requirements fully.
  • Terms that define adverse possession:
    • Open: Use must be out in the open.
    • Notorious: Use is unauthorized.
    • Exclusive: Not shared with others.
    • Hostile: Not cooperative with the original owner.
    • Continuous: Must be uninterrupted for the required duration.
• Trivia:
  • Commercial properties often block access to entrances to prevent adverse possession claims by the public.
  • Regularly rotating blocked areas ensures they maintain exclusive rights.
• Expert Consultation:
  • For personal consultations, visit actualhuman.com for licensed experts in real estate, insurance, and legal fields.

• If you have questions about adverse possession or your specific situation, click the link below for expert assistance.