Can a neighbor take your land through adverse possession?

Yes--but only if certain requirements have been met. These requirements vary from state to state. Usually, the possession must have been for at least 10 years.

Contact a real estate lawyer in your area (look for one who gives "free consultations" in the phone book) for more specifics on your state's laws.

I live in Michigan and what I found about adverse possession not only covers Michigan, but Arkansas, Maine, Missouri, Montana, Nevada, South Carolina, Texas, Virginia, Vermont and Wyoming. Many landowners are surprised to learn that under certain situations, a neighbor can occupy your land and gain legal ownership of it. The trespasser may acquire a few feet of property or whole acres by doing this.

If someone is using your property, even a small strip on the edge, you should be aware of the risk! Even if the neighbor can’t claim your property, they may be able to gain the legal right to use part of your property; this is called a prescriptive easement. The legal doctrine that allows trespassers to become owners is called “adverse possession.”

If the people involved can’t work something out, the property owner may sue the trespasser, or the trespasser may bring a lawsuit to quiet title (request for the court to settle who owns what). A trespasser is entitled to legal ownership of property if his occupation of the property is hostile, actual, open and notorious, exclusive and continuous for a period of years (15 in Michigan) set by state statute. This does not apply to bank or government owned property (We explain each of these terms below).

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