What is Adverse Possession?

If you own residential real property in New Jersey, whether your primary residence or a vacation home or income property, you might have heard about the possibility of something known as “adverse possession.” Or, even if you have not heard that term used before, you might know that there are, in some cases, ways in which another person could legally exercise control of your property without your permission. While the legal doctrine of adverse possession dates back centuries, it still has relevance in certain circumstances in New Jersey. It is not common, but it can happen.

Our land use lawyers in Summit can explain in more detail how adverse possession works.

Defining Adverse Possession

What is adverse possession, and how is it relevant in a contemporary context? The term “adverse possession” refers to a situation in which a trespasser is able to obtain legal rights to another property owner’s land. In most circumstances, the trespasser is an adjacent neighbor who has been using part of the property in some capacity, but it can also be a stranger who enters onto the property. In limited circumstances, New Jersey’s statutory law says that trespassers may be able to obtain legal title for the land they have been possessing, even though it is owned by someone else. In order for this to happen, the land must be used by the adverse possessor as their own for an extended period of time — 30 or 60 years in most cases.

Most often, the law of adverse possession arises when one neighbor uses land that is actually owned by the other neighbor for an extended period of time and for their own purposes. For example, John and Mike live next door to one another in Summit. Mike decides to build a patio in his backyard. It extends onto what is actually John’s property by 10 feet, but Mike does not realize, and neither does John. Mike and his family use that patio for decades — for barbecuing, sunbathing, and more. John decides to sell his house after many years and realizes that his property line actually extends into what seemed to be Mike’s yard, and as a result John realizes that Mike’s patio has actually been on his property for all these years. Through adverse possession law, Mike might actually now be able to obtain title to that part of John’s land.

Requirements for Adverse Possession

In order for Mike to be able to claim adverse possession of the property on which his patio sits, he would need to prove the following elements, and to be clear, Mike will have the burden of proof:

• Mike has actual control over the property;
• Mike has exclusive control of the property;
• Mike’s possession was open and notorious, meaning that it was obvious to anyone that mike was in actual control and exclusive possession of the property; and
• Mike exercised that control and possession for at least 30 continuous years (that timeline becomes 60 continuous years for “uncultivated lands” under New Jersey law).

Contact a Summit Land Use Attorney

 Our New Jersey land use lawyers can assist you if you have questions about adverse possession or how it could affect your property rights. One of the experienced Summit land use lawyers at Dempsey, Dempsey & Sheehan can speak with you today. Contact us for more information.

Source:

casetext.com/statute/new-jersey-statutes/title-2a-administration-of-civil-and-criminal-justice/chapter-2a14-6-years/section-2a14-30-30-years-possession-of-real-estate-except-woodlands-or-uncultivated-tracts-and-60-years-possession-of-woodlands-or-uncultivated-tracts-however-commenced-or-continued