If I may ...
On another forum, a lawyer (at least claimed to be) chimed in on this topic:
Adverse possession requires several significant hurdles to pass. There are many adverse possession suits filed, but a great majority of them are just tossed out of court.
It seems that the law is mostly used for inheritance disputes, like one sibling got a property, lived there for 30 years, then the other sibling got angry and tries to dispute it — court says “no, too late, leave it be”.
What are the 5 requirements for adverse possession?
A typical adverse possession statute requires that the following elements be met:
- Open and Notorious. (The person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious.) ... (Many people knew of him living there, as well as many people visiting and straying at the place)
- Exclusive. ...
- Hostile. ... (Possession that is without the consent of the owner and the assertion of which is in conflict with the property ownership interests of the owner.)
- Statutory Period. ... (Possession that is without the consent of the owner and the assertion of which is in conflict with the property ownership interests of the owner.)
- Continuous and Uninterrupted. (In Maryland it's 20 years.)
This fella met all of the requirements, with extra years thrown in to boot. Adverse position has noting to do with inheritance disputes. Look at it this way: Your neighbor puts in a new Amish shed that encroaches on your small lot, or an acre or two property, etc.,, by 15 feet. It doesn't really bother you for whatever reason. After 20 years, or more, he pisses you off and tell him to get it off your land, he can claim adverse possession, take you to court, and be awarded that slice of land. All because you did not say anything when he installed it. Your silence was acquiescence, you gave him licence, aka consent. Same goes for say an empty lot, let's use a two and a half acre parcel. Where someone places a camping trailer and lives on it, part time for full time. Emptying the waste tank into one of those portable septic tanks and disposing of it properly. Or not, by dumping it into a dug hole, whatever, doesn't really matter. And makes other improvements to the property, (A small garden. Adds a tool shed, etc..) For twenty years. That person could claim adverse possession as well, and receive title to that land. Then after that, make any necessary improvements to become up to date with any code requirements. The owner of that 70 acres failed to inspect his property on a regular basis.
New York has a statute of limitations period of 10 years for real property ownership disputes. Donald owns an apartment in a Park Avenue condominium in New York City. In 1990, Madonna moves into the apartment without permission and she lives there continuously until 2003. Donald, who owns many other residences, does not find out about Madonna’s moving into his apartment until 2003. When he finally does find out about this, he immediately brings an ejectment action against Madonna. The court will dismiss Donald’s action. Madonna is now the owner of the apartment. Donald lost all his rights to the apartment by allowing the Statute of Limitations to run out before he filed the ejectment action against Madonna.
Moral of the story? If anyone encroaches upon your land, developed or vacant. You must make your voice heard and take actions to remove the encroachment, or encroacher, or suffer the possible loss of the property. Why do you think there are so many "disputes" over fencing being installed? Because of encroachments.