How Adverse Possession Can Change Property Ownership

August  2025

   We have all heard the expression “good fences make good neighbors.”  Most know it from Robert Frost’s poem “Mending Wall,” but throughout many cultures and times in history, some version of this expression has been used.  It conveys the idea that it is important to have clear property boundaries in order to reduce the potential of conflict between neighbors.

   In practice, however, clear property boundaries are not always the case.  Neighbors may be unsure about where to stop mowing the lawn, where to graze their livestock, or where they can erect a fence or wall, to name a few examples.  This is where the concept of adverse possession comes in.

   Adverse possession is a legal doctrine by which a person who occupies another person’s property for a specified period of time may gain title to that property.  In most instances, that period of time is 20 years.  

   In order to make a claim for adverse possession, one must show that the five following conditions exist:

1).  Actual Possession
   An adverse possessor must take actual, physical possession of land.  Courts will consider the nature of the activity on the land to determine whether activity constitutes actual possession. Property is actually possessed if either ...