Free tool · Property Law
Adverse Possession Calculator
Adverse possession lets a person who occupies land without the owner’s permission become its owner after a statutory period, which differs by state (commonly 10 to 20 years). The possession must be actual, open and notorious, exclusive, hostile (without the owner’s permission) and continuous for the whole period. A possessor may add the time of a predecessor in privity (tacking), and the period may be delayed if the owner was under a disability when the claim arose. Enter the facts to see which elements are met and how many years remain.
Tool · Adverse Possession Checker
All the elements appear to be met: the possessor has probably acquired title by adverse possession, once a court confirms it.
Actual possession: The possessor used the land as an average owner of that kind of land would (for example by living on it, farming or fencing it).
Open and notorious: The possession was visible enough to give a reasonably attentive owner notice, so that the owner could have acted.
Exclusive: The possessor did not share possession with the owner or with the public.
Hostile (adverse): The possession was without the owner’s permission, which is the usual meaning of ‘hostile’: no ill will is needed.
Continuous for the statutory period: 12 years of possession plus 5 years tacked on from a predecessor meets the 15-year period. Tacking is allowed only where the possessors are in privity (for example buyer and seller, or heir and ancestor), so that there is a continuous chain.
- Title by adverse possession arises when the period runs, and a quiet-title action confirms it. The new owner’s title is a new root, and can be subject to some interests that were not barred.
- Government land is generally immune from adverse possession, and a possessor cannot take against a person who has a future interest that has not yet become possessory until it does.
- The statutory period varies from about 5 to 30 years. The tool treats it as an input.
Checks whether a long-term possessor of land has met the elements of adverse possession: actual, open and notorious, exclusive, hostile and continuous for the statutory period (with tacking and disability rules). States differ on the period, on the meaning of ‘hostile’ and on tacking, so the period is an input. A teaching aid, not a prediction about a real boundary or title dispute, and not legal advice. Runs in your browser; nothing is stored or sent.
How to use it
- Enter the years of possession, any years that can be tacked on, and the statutory period in the state.
- Tick actual, open and notorious, and exclusive possession.
- Say whether the possession was hostile, permitted or by mistake about the boundary.
- Read each element and the years remaining.
Common questions
How long does adverse possession take?
It depends on the state’s statute of limitations for recovering land, commonly between 5 and 30 years, with 10 to 20 the most typical.
What does ‘hostile’ mean?
Possession without the owner’s permission, as against the owner’s title. It does not require ill will. States differ on possession by mistake about a boundary.
Can you adversely possess government land?
Generally not: government land is immune from adverse possession in most states.
Learn the law behind the tool
This tool is part of our Property Law course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Property Law: Transactions and the Recording System.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.