How long does someone have to carry out a hostile possession of your land to gain title to it?
Updated 4/18/2025
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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).
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
| 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. § § 18-11-102, 103, 106 | 7 (deed or color of title, paid taxes); or 15 with payment of taxes on wild and unimproved land. |
| 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, 109.1, 110 | 20, 7 (deed or paid taxes, or color of title to vacant land), 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; or 60 if woodlands or uncultivated tracts |
| 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 (but only under claim of right) |
| 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 |
Where to Get More Information
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.
Getting Legal Help
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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