Adverse Possession Laws: 50-State Survey

The doctrine of adverse possession can allow someone who occupies land that they do not own to eventually take valid title. However, they must meet strict requirements. While the wording varies slightly by state, the possession usually must be open and notorious, as well as exclusive and hostile. In other words, it must be obvious, not shared with the title holder or the general public, and without the permission of the title holder. Adverse possession also must continue without interruption for a certain time, which is generally specified by statute.

Each state has imposed its own durational requirement, which can range from just a few years to decades. Some of these statutes contain additional rules, such as requiring the adverse possessor to have a deed or similar document, or to pay taxes on the property. Alternatively, these factors may shorten the durational requirement.

This survey summarizes the main statutes describing the durational requirement. To fully understand their nuances and other aspects of adverse possession, you should consult a real estate lawyer in your state.

Alabama Adverse Possession Laws

Statutory adverse possession generally cannot provide title unless the party claiming adverse possession can show that a deed or similar instrument purporting to convey title to them has been recorded in the office of the county probate judge for 10 years, or unless they have annually listed the land for taxation for 10 years.

The Alabama Court of Civil Appeals also has explained that Alabama recognizes adverse possession by prescription in addition to the statutory process. This involves a 20-year period.

Alaska Adverse Possession Laws

The uninterrupted, adverse, and notorious possession of property under color and claim of title for seven years is conclusively presumed to give title to the property. The uninterrupted, adverse, and notorious possession of property for 10 years because of a good-faith belief that the property lies within the boundaries of an adjacent property owned by the claimant also triggers this presumption. (These rules do not apply to property held by the state or federal government.)

Arizona Adverse Possession Laws

Arizona has enacted several statutes related to adverse possession. Section 12-526 provides a 10-year limit for a cause of action to recover a property from a person who has peaceable and adverse possession of it, and who is cultivating, using, and enjoying the property. This statute applies to properties no larger than 160 acres. Meanwhile, Section 12-523 provides a three-year limit for an action to recover a property from a person in peaceable and adverse possession under title or color of title. Under Section 12-524, a five-year limit applies to an action to recover a lot in a city or town from a person who has a recorded deed for it and who claims ownership and has paid the taxes on it. Section 12-525 also provides a five-year limit for an action to recover a property from a person in peaceable and adverse possession who is cultivating, using, or enjoying the property, paying taxes on it, and claiming under a recorded deed.

More narrowly, Section 12-522 provides that when a person in possession claims a property by right of possession only, an action to recover possession from them must be brought within two years after the cause of action accrues.

Arkansas Adverse Possession Laws

To establish adverse possession, the person making this claim must have actual or constructive possession of the property and must have either held color of title to the property for at least seven years and paid ad valorem taxes on the property during that time, or held color of title to a property contiguous to the property being claimed by adverse possession for at least seven years and paid ad valorem taxes on the contiguous property to which they have color of title during that time. (Separate rules apply to a person or entity exempt from the payment of ad valorem taxes.)

California Adverse Possession Laws

Adverse possession is not considered established unless it is shown that the land has been occupied and claimed for the period of five years continuously, and the party asserting adverse possession has timely paid all state, county, or municipal taxes that have been levied and assessed on the land during the five-year period.

Colorado Adverse Possession Laws

The general rule is that 18 years’ adverse possession of any land is conclusive evidence of absolute ownership. Moreover, every person in the actual possession of property under claim and color of title, made in good faith, who continues in their possession for seven successive years and pays all taxes assessed on the property during that time will be considered the legal owner of the property to the extent of their paper title.

Connecticut Adverse Possession Laws

A person cannot make entry into a property except within 15 years after their right or title to the property first accrues, or except within 15 years after they have been ousted from possession of the property. Moreover, an entry is not sufficient to disrupt the adverse possession unless a person claiming ownership and the right of entry and possession against a person who is in actual possession of the property gives notice in writing within the 15-year period to the person in possession of the intention to dispute the right of possession and to prevent the other party from acquiring the right. The notice must be recorded and an action brought within one year after it is recorded.

Delaware Adverse Possession Laws

No person may make an entry into any property more than 20 years after their right or title to the property first accrued. Delaware courts have adopted this 20-year period for adverse possession.

Florida Adverse Possession Laws

Under Section 95.16, a property is held adversely when the occupant entered into possession of the property under a claim of title, the claim is based on a written instrument conveying the property (or a decree or judgment), and the occupant has been in continued possession of the property for seven years.

Section 95.18 provides the statutory requirements for adverse possession without color of title. This involves actual continued possession of the property for seven years under a claim of title and meeting certain tax-related requirements. The adverse possessor must have paid all outstanding taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality within one year after entering into possession, made a return of the property to the property appraiser of the county, and subsequently paid all taxes and matured installments of special improvement liens for all remaining years necessary to establish a claim of adverse possession.

Georgia Adverse Possession Laws

Adverse possession of a property for 20 years will provide title by prescription in most cases. Meanwhile, adverse possession of a property under written evidence of title for seven years will provide title by prescription in most cases. However, if the written title is forged or fraudulent, and the person claiming adverse possession had actual notice of the forgery or fraud when their possession started, this will not meet the requirements for adverse possession under this statute.

Hawaii Adverse Possession Laws

No person may bring an action to recover possession of a property or make an entry onto it more than 20 years after the right to bring the action accrued. However, if the person defending the action claims that their adverse possession has exceeded the limitations period, this claim generally may be made only if the property is five acres or less, and the adverse possessor has not asserted any similar claim in good faith within the last 20 years.

Idaho Adverse Possession Laws

Adverse possession will not be considered established under any statutory provision unless it is shown that the property has been occupied and claimed for 20 years continuously, and the adverse possessor has paid all the state, county, and municipal taxes that have been levied and assessed on the property.

Illinois Adverse Possession Laws

  • Key law: 735 Illinois Compiled Statutes Section 5/13-101 et seq.
  • Required duration: 20 years (or 7 years with possession and record title, or paying taxes with color of title; 2 years in some situations involving judicial foreclosure)

A person generally may not bring an action for the recovery of a property or make an entry onto it more than 20 years after the right to bring the action or make the entry accrued, or more than 20 years after they acquired title or possession of the premises. However, under Section 5/13-107, a seven-year period applies to an action brought for the recovery of a property of which a person has possession by actual residence for seven successive years and has record title. Under Section 5/13-109, moreover, a person in the actual possession of a property under good-faith claim and color of title who continues in possession for seven successive years and pays all taxes assessed on the property during that time will be considered the legal owner of the property to the extent of their paper title.

Meanwhile, Section 5/13-107.1 shortens the period to two years when a person has possession and record title derived from a judicial foreclosure sale. Under Section 5/13-109.1, a two-year period also applies to a person in the actual possession of property who pays taxes and has color of title derived from judicial foreclosure.

Indiana Adverse Possession Laws

An action for the recovery of the possession of real estate must be brought within 10 years after the cause of action accrues. Moreover, in an action to establish title to a property, possession of the property is not adverse to the owner in a manner that establishes title unless the adverse possessor pays all taxes and special assessments that the adverse possessor reasonably believes in good faith to be due on the property during the period for which the adverse possessor claims to have adversely possessed the property.

Iowa Adverse Possession Laws

An action for the recovery of real property must be brought within 10 years.

Kansas Adverse Possession Laws

An action cannot be brought against any person for the recovery of a property if they have been in open, exclusive, and continuous possession of the property for the 15-year period, regardless of whether this is under a claim that is knowingly adverse or under a belief of ownership.

Kentucky Adverse Possession Laws

The general rule is that an action for the recovery of real estate may be brought within 15 years after the right to bring it first accrued. However, no action may be brought to recover the title or possession of land from an occupant if they have a connected title to it, deducible of record, and have actually occupied the property by settling on it under the title for seven years before the action is brought.

Louisiana Adverse Possession Laws

Ownership in immovable property may be acquired after 30 years without the need of just title or possession in good faith. However, rights also may be acquired after possession of 10 years with good faith and just title. “Good faith” means that the adverse possessor reasonably believes, in light of objective considerations, that they are the owner of the property. A “just title” is a juridical act sufficient to transfer ownership. The act must be written, valid in form, and filed for registry in the records of the parish where the property is located.

Maine Adverse Possession Laws

No person can bring an action for the recovery of a property, or make an entry on it, more than 20 years after the right to do so first accrued, or more than 20 years after they had possession of the premises.

Maryland Adverse Possession Laws

Within 20 years after the date when the cause of action accrues, a person must file an action for recovery of possession of a property, or otherwise enter on the land. (There is an exception after a tax sale if the owner at the time of the sale continues to hold the land in adverse possession for seven years after the final ratification of the tax sale before an action is brought by the tax sale purchaser.)

Massachusetts Adverse Possession Laws

An action for the recovery of land must be brought within 20 years after the right of action first accrued, or within 20 years after the plaintiff had possession of the premises. However, title to registered land (a less common system of title) cannot be acquired by adverse possession.

Michigan Adverse Possession Laws

The general rule is that a person cannot bring an action for the recovery or possession of any property unless they bring the action within 15 years after the claim first accrued. However, the period is five years when the defendant claims title to the land by or through a deed made on the sale of the property by an executor, administrator, guardian, or testamentary trustee, or in certain other situations involving court orders or mortgage foreclosure sales. A 10-year period applies when the defendant claims title under a deed made by a state or federal officer who is authorized to make deeds on the sale of lands for taxes assessed and levied in Michigan.

Minnesota Adverse Possession Laws

An action for the recovery of real estate or its possession generally cannot be brought unless the plaintiff had possession of the premises within 15 years before the beginning of the action. However, this generally does not bar an action for the recovery of real estate assessed as tracts or parcels separate from other real estate unless the party claiming title by adverse possession paid taxes on the property for at least five consecutive years of the time during which adverse possession is claimed.

Mississippi Adverse Possession Laws

Ten years of actual adverse possession, continued without interruption, by a person claiming to be the owner of a property for that time will vest a full and complete title in an actual occupant or possessor of the land. Moreover, actual occupation for three years once two years have passed after the sale of land held under a conveyance by a tax collector will bar a lawsuit to recover the property or challenge the title due to a defect in the tax sale or a preliminary step to the sale.

Missouri Adverse Possession Laws

An action for the recovery of any property or its possession must not be brought unless it appears that the plaintiff had possession of the premises within 10 years before the action was brought.

Montana Adverse Possession Laws

Adverse possession cannot be considered established unless it is shown that the land has been occupied and claimed for five years continuously, and the person claiming adverse possession paid all the state, county, and municipal taxes that were legally levied and assessed on the property during that period.

Nebraska Adverse Possession Laws

An action for the recovery of the title or possession of property generally may only be brought within 10 years after the cause of action accrues.

Nevada Adverse Possession Laws

Under Section 11.150, adverse possession will not be considered established unless it is shown that the land has been occupied and claimed for five years continuously and that the person claiming adverse possession has paid all state, county, and municipal taxes that were levied and assessed against the property for that period.

Under Section 40.090, an action may be brought by an adverse possessor to determine adverse claims to a property and clouds on title when they have been in the actual, exclusive, and adverse possession of the property continuously for more than 15 years, claiming to own the property. They also must have paid all taxes levied or assessed and due against the property for the five-year period before the complaint is filed. However, when the adverse possessor has created clouds upon title to the property, and they are bringing an action to remove the clouds, their adverse possession must have lasted for more than 10 years.

The Nevada Supreme Court has explained that Section 11.150 is the general adverse possession statute, which allows someone who has adversely possessed a property for five years and has paid taxes assessed on the property to assert their possession against a known claimant. In contrast, Section 40.090 allows someone who has adversely possessed property for 15 years and paid taxes on it for the last five years to assert their possession against all claimants, known and unknown.

New Hampshire Adverse Possession Laws

An action for the recovery of real estate must not be brought once 20 years have passed after the time that the right to recover the property first accrued.

New Jersey Adverse Possession Laws

Except for woodlands or uncultivated tracts, 30 years of actual possession of any real estate that is continued without interruption will vest a full and complete right and title in every actual possessor or occupier of the real estate. This will bar all claims or actions for the recovery of the real estate. (A 60-year period applies to actual possession of woodlands or uncultivated tracts.)

Section 2A:14-31 similarly provides a 30-year period for actual possession of any real estate under claim or color of title. This involves 30 years of uninterrupted actual possession that is based on a proprietary right that was officially recorded, or obtained by a good-faith purchase of the real estate from a person in possession of the property who was supposed to have a legal right and title to it. Someone who meets these requirements will have an absolute right and title.

While Section 2A:14-7 establishes a 20-year statute of limitations for real estate actions, the New Jersey Supreme Court has ruled that title does not vest in an adverse possessor until 30 (or 60) years have passed. The 20-year period only shields the adverse possessor from an action by the record owner to recover possession.

New Mexico Adverse Possession Laws

When a person has had adverse possession continuously and in good faith under color of title for 10 years of any property, and no lawsuit has been brought regarding the property during that time, the adverse possessor will be entitled to keep and hold in possession any amount of real estate that is specified and described in a written document purporting to give color of title to the adverse occupant. However, adverse possession will not be considered established unless the adverse possessor has continuously paid all the state, county, and municipal taxes assessed against the property during the 10-year period.

New York Adverse Possession Laws

An adverse possessor gains title to the occupied property when the statute of limitations for an action to recover real property expires, assuming that the occupancy has been adverse, under claim of right, open and notorious, continuous, exclusive, and actual. New York Civil Practice Law and Rules Section 212 provides a 10-year statute of limitations for actions to recover real property or its possession.

North Carolina Adverse Possession Laws

The general rule is that no action for the recovery or possession of a property may be maintained when the person in possession of it has possessed the property under known and visible lines and boundaries adversely to all other parties for 20 years. This possession gives title to the adverse possessor.

Moreover, if the adverse possessor has been in possession of the property under known and visible lines and boundaries and under color of title for seven years, no action generally may be sustained against the adverse possessor by a person with title to the property.

North Dakota Adverse Possession Laws

An action for the recovery of real property or its possession may not be maintained unless the plaintiff had possession of the premises within 20 years before the action was brought. (A related statute provides that the occupation of a property by an adverse possessor is considered subordinate to the legal title unless it appears that the property was possessed adversely to the legal title for 20 years.)

However, a title to a property is considered valid if it is vested in a person who has been in the actual, open, adverse, and undisputed possession of the property under this title for 10 years if they have paid all taxes and assessments legally levied on the property. (The North Dakota Supreme Court has summarized this statute as permitting acquisition of title after 10 years if the adverse possession is under color of title coupled with the payment of taxes.)

Ohio Adverse Possession Laws

An action to recover the title to a property or its possession must be brought within 21 years after the cause of action accrued.

Oklahoma Adverse Possession Laws

An action for the recovery of property that is not specifically addressed by the statute must be brought within 15 years. Oklahoma courts have applied this default rule to most adverse possession cases. However, a five-year period may apply to certain situations, such as when property is sold by executors, administrators, or guardians, or when it is sold for taxes.

Oregon Adverse Possession Laws

A person may acquire title to a property by adverse possession only if they have maintained actual, open, notorious, exclusive, hostile, and continuous possession of the property for 10 years. This must be shown by clear and convincing evidence.

Pennsylvania Adverse Possession Laws

The general rule is that an action for the possession of real property must be brought within 21 years. An entry onto the property will not toll the 21-year period unless a possessory action is brought within one year after entry. However, title to certain property may be acquired after 10 years of actual, continuous, exclusive, visible, notorious, distinct, and hostile possession of the property. This is defined as real estate no more than half an acre in area that is improved by a single-family dwelling that is and has been occupied by an adverse possessor for the full 10 years. It must be identified as a separate lot in a recorded conveyance, recorded subdivision plan, or recorded official map or plan of a municipality.

Rhode Island Adverse Possession Laws

When a person has been in the uninterrupted, quiet, peaceful, and actual possession of any property for 10 years, claiming the property as their own, their possession of the property is allowed to give them rightful title to the property.

South Carolina Adverse Possession Laws

The occupation of a property by any person other than the legal title holder is considered to be subordinate to the legal title unless it appears that the premises have been held and possessed adversely to the legal title for 10 years before the action is brought.

South Dakota Adverse Possession Laws

The general rule is that an action for the recovery of a property or its possession cannot be maintained unless the plaintiff had possession of the property within 20 years before the action was brought. However, a person in the actual possession of a property under claim and color of title made in good faith will be considered the legal owner of the property to the extent of their paper title if they have continued for 10 years in their possession and have paid all taxes legally assessed on the property during that time.

Tennessee Adverse Possession Laws

Tennessee has several complex rules for adverse possession. Section 28-2-101 provides a seven-year period for adverse possession of a property granted by the state or the state of North Carolina. The adverse possessor must have a conveyance or other assurance of title, which must have been recorded for the full seven years. If no lawsuit is brought against them within the seven-year period, they will have title to the land described in the assurance of title. Meanwhile, Section 28-2-105 provides for a seven-year period when the property is claimed by the adverse possessor under a conveyance, court decree, or other assurance of title. The conveyance must have been recorded (or the court decree entered) for 30 years.

Section 28-2-102 prevents a title holder from bringing an action against an adverse possessor who has a recorded assurance of title once seven years have passed. Section 28-2-103 provides more generally that no person will have an action for the recovery of a property more than seven years after the right of action accrued. (Under this statute, the possession of a property will not be considered to extend beyond the actual possession of the adverse possessor.) However, Tennessee courts have ruled that these two statutes provide only defensive rights and do not vest title. In these situations, title vests in the adverse possessor after the prescriptive 20-year period under the common law.

Texas Adverse Possession Laws

A 10-year period applies to an action to recover a property held in peaceable and adverse possession by someone else who cultivates, uses, or enjoys the property. (Without a title instrument, peaceable and adverse possession is limited in the 10-year statute to 160 acres unless a greater number of acres has been enclosed.) Meanwhile, a five-year period applies to an action to recover a property held in peaceable and adverse possession by someone else who cultivates, uses, or enjoys the property, pays applicable taxes on the property, and claims the property under a duly registered deed. A person has three years to bring an action to recover a property held by someone else in peaceable and adverse possession under title or color of title. There are also rare situations in which the period extends to 25 years.

Utah Adverse Possession Laws

Adverse possession may not be established unless it is shown that the land has been occupied and claimed continuously for seven years, and the adverse possessor has paid all taxes that have been levied and assessed on the land.

Vermont Adverse Possession Laws

An action for the recovery of lands or the possession of them must not be maintained unless it is brought within 15 years after the cause of action first accrued.

Virginia Adverse Possession Laws

No person may bring an action to recover any land, or make an entry on it, once 15 years have passed after the time at which the right to bring the action, or make the entry, first accrued.

Washington Adverse Possession Laws

The general rule is that an action for the recovery of property or its possession must be brought within 10 years, and no action may be brought unless the plaintiff had possession of the property within 10 years before the action was brought. However, if a person has actual, open, and notorious possession of property under claim and color of title, made in good faith, for seven successive years, and they pay all taxes legally assessed on the property during that period, they will be considered the legal owner of the property to the extent of their paper title.

In addition, any action brought for the recovery of a property held by another person in actual, open, and notorious possession for seven successive years must be brought within seven years after their possession begins if they have a connected title that is deducible of record from the state or federal government, any public officer, any other person authorized to sell the property for the non-payment of taxes, or any sheriff, marshal, or other person authorized to sell the land on execution or under a court order. (When the possessor acquires title after taking possession, the seven-year period runs from when they acquire title.)

Washington, D.C. Adverse Possession Laws

An action for the recovery of property may not be brought more than 15 years after the right to maintain the action accrues.

West Virginia Adverse Possession Laws

A person must not bring an action to recover any land, or make an entry on it, more than 10 years after the time when the right to bring the action or make the entry first accrued.

Wisconsin Adverse Possession Laws

Under Section 893.25, a person who is in uninterrupted adverse possession of real estate for 20 years may bring an action to establish title. Possession is adverse only if the possessor is in actual continued occupation under claim of title, and only to the extent that the property is actually occupied and either protected by a substantial enclosure or usually cultivated or improved.

Section 893.26 provides that a person who is in uninterrupted adverse possession of real estate for 10 years may bring an action to establish title if they meet the requirements of that statute. These involve entering into possession of the property under a good-faith claim of title that is based on a written instrument as a conveyance of the property or based on a court judgment. The written instrument or judgment must have been recorded within 30 days of entry, and the adverse possessor must be in actual continued occupation of all or a material portion of the real estate described in the written instrument or judgment under claim of title.

Finally, Section 893.27 provides that a person who is in uninterrupted adverse possession of real estate for seven years may bring an action to establish title if they meet the requirements of Section 893.26 and certain additional requirements. Any conveyance of the interest shown by the written instrument or judgment must have been recorded within 30 days after execution, and the adverse possessor must have paid all real estate taxes (or other taxes or payments in lieu of real estate taxes) for the seven years after the adverse possession began.

Wyoming Adverse Possession Laws

An action for the recovery of the title or possession of a property can only be brought within 10 years after the cause of action accrues.

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