Why do "squatters" have rights on my property?

September 19, 2023

"Squatters rights" as they are commonly called refers to the legal concept called "Adverse Possession."  It baffles many that anyone would have a right to your property, yet this legal concept can have significant implications for property ownership.  This intriguing legal doctrine allows someone to claim ownership of another person's property under specific conditions. In this post, you will get a brief explanation of what this doctrine is and how people win these types of claims.

What is Adverse Possession?

Adverse Possession is a legal principle that enables an individual to acquire ownership of someone else's land through continuous, open, and notorious possession for a specified period.  The primary purpose behind adverse possession is to encourage the productive use of land and to resolve property disputes when ownership has become unclear over time.  Essentially, a person demonstrates to a court that they have used the property in a productive manner for that "specific period of time," and the true owner has failed to assert their right and has thus forfeited it.  The elements are as follows: 

• Actual Possession: The claimant must physically occupy and use the property as if they were the true owner. This often means residing on or actively maintaining the land.

• Open and Notorious: The possession must be visible and obvious to anyone who cares to observe. It should be clear to others that the claimant is treating the land as their own.

• Exclusive Possession: The claimant must possess the property to the exclusion of the true owner and others. They cannot share possession with the owner or anyone else.

• Continuous Possession: The possession must be uninterrupted and continuous for a specific statutory period, which varies by jurisdiction but is typically between 5 and 20 years.  Nebraska's statutory period is 10 years.

• Hostile and Adverse: The possession must be without the owner's consent and in a manner inconsistent with the owner's rights. This doesn't necessarily mean the claimant has hostile intent but that they occupy the land without permission.

How does it work?

Essentially, a person starts by trespassing.  That can be a squatter, but it can also be a person grazing cattle on land that is not theirs, or building a shed onto their neighbors parcel of land.  Whatever the form of trespass may look like, that is when the landowner's rights have been injured.  As mentioned, the true owner has 10 years to discover and then eject their trespasser.  It is very important that a person does not "sleep" on their rights or forfeit their rights be neglecting their ownership claim.

What are the consequences of successful Adverse Possession claim?

If all the requirements for adverse possession are met, the claimant may become the legal owner of the property, effectively transferring title from the original owner. The original owner loses their rights to the land, and the adverse possessor gains full legal ownership.  This occurs when a judge is asked to make a determination of rights, such as through an ejectment lawsuit or a "Quiet Title" action.

Adverse possession is a complex legal concept with significant consequences for property ownership.  It's essential to understand the specific laws in your jurisdiction and seek legal advice if you believe you may be affected by adverse possession or wish to make a claim.  Property disputes can be intricate, and consulting with an attorney is often the best way to navigate this challenging area of law.  If you are interested in our firm assessing your claims and legal status, please visit our "Contact Us" page or give us a call at (308) 728-3676.

CLICK HERE to return to our Blog.