How to Take Property by Adverse Possession
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Enter the land and begin making use of it. If you have entered someone elses land, you will have to start making use of it. The use can be as simple as planting a vegetable garden, or using the land to store equipment. Whatever the case may be, each state requires that you use the land in order to have a legal claim for adverse possession. The use must be open and obvious to the true owner. That means you can't just sneak around; it has to be clear to the mindful owner that you are using the land, and if the owner is too lazy to notice this, then the law favors the adverse possessor. - 2
Use the land for the statutory period. Each state requires you to use the land for a specified period of time. In order to discover this, simply go to your township or look up your state statutes online. Look up "statutory period" for adverse possession and you should find the required time. In some states the statutory period can be 60 years while others are as little as 3 years! - 3
Exhibit the statutory behavior required. Each state requires a different type of frame of mind for a legal claim of adverse possession. Some states literally require a good faith adverse possession; meaning that it was simply an honest mistake. Some states ask for a bad faith; they want you to aggressively take the land knowing it belongs to someone else. And some states still don't require any state of mind whatsoever. You will find the statutory requirement in the same place you find the period of time you will need to hold onto land. If you are uncertain, then you can simply consult with a property attorney and they will be able to shed some light on the subject with you, provide guidance, and keep it confidential. - 4). Once you've adversely possessed the land for the statutory period, go to court, or hire an attorney to do this for you, and ask to Quiet the Title to the land you've been in possession of. They will ask you for any proof you have of your possession and the dates of your possession. Then they will award you title of the land. The former owner of the land will have their title dissolved and you will now be the legal owner of the property.
