Adverse Possession
Candlefocus EditorAdverse possession is also colloquially known as 'squatters' rights' or 'homesteading' and is usually used to refer to properties such as land and physical dwellings. However, it is possible to use the concept when dealing with intellectual or digital/virtual properties.
In order to successfully pursue a claim of adverse possession, the claimant, or disseisor, must demonstrate to the court that they have met several criteria. This criteria may include continuous use of the land, an overt takeover of the land, or exclusive use of the land.
The length of time a disseisor is able to claim adverse possession of a piece of land varies from one jurisdiction to another. In many countries this is between ten and thirty years and may be longer if the disseisor can prove that they have made improvements to the land during this period.
However, there are some measures which landowners can take in order to avoid a successful adverse possession claim. These can include obtaining a title deed to the land, and to post signs outlining the boundary of the land in order to prevent the possibility of anyone taking up informal possession. Additionally, landowners should periodically inspect the land in order to ensure that there are no signs of occupation or use by anyone who does not have the legal right to do so.
Overall, adverse possession is an interesting legal concept that may offer some protection in cases where a non-owner occupant has been using a piece of land for a period of time. While there are some measures which landowners can take in order to prevent a successful claim of adverse possession being made against them, it is ultimately up to courts to decide if a claim is successful or not.