State-by-State Rules on Adverse Possession

In some circumstances, a trespasser who comes onto your land and occupies it may gain legal ownership of it. The legal term for this is "adverse possession." Here’s where to find your state rules covering adverse possession.

By , Attorney · UC Berkeley Law

Under certain circumstances, a trespasser can occupy and gain legal ownership to land via the doctrine of "Adverse Possession." To qualify as adverse possession sufficient to get ownership, the trespasser's occupation of the land typically must be:

  • hostile (meaning without permission, though the definition can vary)
  • actual (meaning physical occupation)
  • open and notorious (meaning the possession is obvious to onlookers), and
  • exclusive and continuous for a certain period of time.

The time period that the trespasser must occupy the land varies by state. To find the period for your state, see the table below.

In some states, the trespasser must additionally pay taxes on the property during this period. Other states don't require payment of property taxes, although some shorten the time requirement for occupation if the trespasser has paid taxes.

Finally, some states will allow an adverse possession claim only if the trespasser can produce some sort of a document or deed related to ownership of the property (even if the document is inaccurate or carries no legal weight).

For more information on the legal requirements for adverse possession (including how to prevent adverse possession if you are a landowner) see Adverse Possession: When Trespassers Become Owners.

Use the following adverse possession statute table as a starting point, and read the relevant statutes (you'll find them listed below as well as in Disputes Between Neighbors: Your State Laws).

STATE LAWS ON ADVERSE POSSESSION (last updated May 2023)
State Adverse Possession Statute # and/or Case Cite Years Required for Continuous Possession; and Whether Name on Deed or Tax Payments Is Required
Alabama Ala. Code Ann. § 6-5-200; and Zadnichek v. Fidler, 894 So. 2d 702 (Ala. Civ. App. 2004). 10 (deed or paid taxes); or 20 years by prescription
Alaska Alaska Stat. Ann. § § 09.10.030, 09.45.052 10, 7 (deed)
Arizona Ariz. Rev. Stat. § § 12-522 and following 10, 5 (deed, paid taxes if city lot), 3 (deed, taxes)
Arkansas Ark. Code Ann. § § 18-61-103, 18-11-106 7 (deed, paid taxes)
California Cal. Civ. Proc. Code § 322, 323, 325 5 (deed, judgment, or decree, plus paid taxes)
Colorado Colo. Rev. Stat. § § 38-41-101, 38-41-106, 38-41-108 18, 7 (deed, paid taxes)
Connecticut Conn. Gen. Stat. Ann. § 52-575 15
Delaware Del. Code Ann. tit. 10 § 7901 20
District of Columbia D.C. Code Ann. § § 16-1113, 12-301 15
Florida Fla. Stat. Ann. § 95.12 and following 7 (deed or paid taxes)
Georgia Ga. Code Ann. § § 44-5-14, 44-5-161 and following 20, 7 (deed)
Hawaii Haw. Rev. Stat. § 657-31 to 31.5 20
Idaho Idaho Code Ann. § § 5-206 and following 20 (paid taxes)
Illinois 735 Ill. Comp. Stat. Ann. § § 5/13-105, 107, 107.1, 109 20, 7 (deed or paid taxes); or 2 if possession and title via foreclosure
Indiana Ind. Code Ann. § § 32-23-1-1, 34-11-2-11 10 (paid taxes)
Iowa Iowa Code Ann. § 614.17A 10
Kansas Kan. Stat. Ann. § 60-503 15
Kentucky Ky. Rev. Stat. § § 413.010, 413.060 15, 7 (deed)
Louisiana La. Civ. Code art. 3475, 3486 30, 10 (deed)
Maine Me. Rev. Stat. tit. 14, § 801 20
Maryland Md. Ann. Code [Cts. & Jud. Proc.] § 5-103 20
Massachusetts Mass. Gen. Laws Ann. ch. 260, § 21 20
Michigan Mich. Comp. Laws Ann. § 600.5801 15
Minnesota Minn. Stat. Ann. § 541.02 15 (paid taxes)
Mississippi Miss. Code Ann. § § 15-1-7, 15-1-13 10
Missouri Mo. Stat. Ann. § 516.010 10
Montana Mont. Code Ann. § § 70-19-407, 70-19-411 5 (paid taxes)
Nebraska Neb. Rev. Stat. § 25-202 10
Nevada Nev. Rev. Stat. § § 11.070, 11.110, 11.150, 40.090 15 (paid taxes), 5 (deed or paid taxes)
New Hampshire N.H. Rev. Stat. Ann. § 508:2 20
New Jersey N.J. Stat. Ann. § § 2A:14-30, 2A:14-31 30
New Mexico N.M. Stat. Ann. § 37-1-22 10 (deed and paid taxes)
New York New York Real Prop. Acts. Law § 501, 511 10
North Carolina N.C. Gen. Stat. § § 1-38, 1-40 20, 7 (deed)
North Dakota N.D. Cent. Code Ann. § § 28-01-04 and following, 47-06-03 20, 10 (deed, paid taxes)
Ohio Ohio Rev. Code Ann. § 2305.04 21
Oklahoma Okla. Stat. Ann. tit. 12, § 93 15
Oregon Or. Rev. Stat. § § 12.050, 105.620 10
Pennsylvania 42 Pa. Cons. Stat. § § 5527.1, 5530 21, except 10 for single family homes on parcels less than 0.5 acres.
Rhode Island R.I. Gen. Laws Ann. § 34-7-1 10
South Carolina S.C. Code Ann. § 15-67-210 10
South Dakota S.D. Codified Laws Ann. § § 15-3-1, 15-3-15 20, 10 (paid taxes, deed)
Tennessee Tenn. Code Ann. § § 28-2-101 to 28-2-103; Wilson v. Price, 195 S.W.3d 661 (Tenn. Ct. App. 2005) 7 (deed); 20 (no deed, or paid taxes)
Texas Tex. Civ. Prac. & Rem. Code Ann. § 16.021 and following 10, 5 (deed, paid taxes), or 3 (color of title)
Utah Utah Code Ann. § § 78B-2-208 to 78B-2-214 7 (with decree or judgment plus paid taxes), or 20 (with enclosure, improvement, or irrigation system)
Vermont Vt. Stat. Ann. tit. 12, § 501 15
Virginia Va. Code Ann. § 8.01-236 15
Washington Wash. Rev. Code Ann. § § 4.16.020, 7.28.050, 7.28.070 10, 7 (deed or paid taxes)
West Virginia W. Va. Code § 55-2-1 10
Wisconsin Wis. Stat. Ann. § § 893.25 to 893.27 20, 10 (deed), 7 (deed, paid taxes)
Wyoming Wyo. Stat. Ann. § 1-3-103 10

For additional help or an analysis of a potential adverse possession situation, consult an attorney who is licensed in the state where the property is located.

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