What Continuous Possession of Property Means in Adverse Possession Claim

A claim to ownership of another person's property based on adverse possession does not happen overnight. To gain title, a trespasser must use—essentially, squat on—the property for a number of years. Each state has its own required statutory period, as outlined in these State-By-State Rules on Adverse Possession. Broadly speaking, most states require possession of the disputed piece of property for at least ten continuous years and in many instances twenty.

What It Means That a Trespasser's Use of Property Is "Continuous"

"Continuous" means the use is regular and uninterrupted, although the possessor certainly doesn't need to maintain a 24-hour daily campsite or vigil. Erecting a fence, planting and caring for a garden, and holding regular parties or events on the plot of land in question could, for example, satisfy this requirement. (But pitching a tent and sleeping overnight once in a while would not.)

If the statutory period for your state is 10 years, and someone manages to adversely possess a piece of land for 9 years before the true owner calls the police, that's obviously not enough time. But what if the trespasser possesses the land for a total of 11 years, but misses a year in the middle because of having temporarily lived in a different state? This isn't continuous possession. The clock begins to run from again the beginning of the trespasser's renewed possession.

There's a twist, though. Claimants who have already hit the minimum ten-year or other mark, but leave the state after that, do not lose any of the adverse possession rights previously acquired. That is, a break in possession after the acquisition of title by adverse possession will have no effect on the rights acquired.

Seasonal Use Is Acceptable for Adverse Possession Claim

Not all property is used 365 days each year even by its true owner. A typical owner probably wouldn't use a pond or swimming pool every day, but would wait for warmer weather. A typical owner also wouldn't use a ski lodge every day; the owner would wait for winter snow.

For a trespasser trying to gain title to these types of pieces of property, seasonal occupation is acceptable as long as it's in a manner consistent with how the true owner would use the property. So, in short, the requirement of continuity of possession is satisfied with activities that are seasonal in character.

Someone trying to establish adverse possession over a neighbor's pond, for example, would need only swim in it each summer for the statutory period, not in January. (But they might need to take other actions to meet other adverse-possession requirements, such as fencing it off.)

"Tacking" Different Trespassers' Periods of Possession Together for Adverse Possession Claim

While possession of a piece of land must be continuous for the statutory period, the possession doesn't always need to be by the same person in order to support an adverse possession claim.

If two adverse possessors are in "privity" with one another, then most courts will allow the second adverse possessor to "tack" or combine their time on the land with the time spent by the first adverse possessor. Privity is a legal term that essentially means that there's a direct connection between the two parties. It can be established in several ways, such as by lease, descent, or outright sale.

For example, imagine that the statutory period for adverse possession in your state is 10 years. Martha has adversely possessed a vacant lot in her neighborhood for 7 years, then sells her interest in the lot to Jane. Jane occupies the land for another 3 years. This would likely meet the statutory requirement for 10 years of continuity, giving Jane the ability to gain title by adverse possession even though she herself did not possess the land for the full 10 years.

Consult a Lawyer for a Full Analysis of an Adverse Possession Claim

Whether you are trying to ward off a trespasser or to claim possession of a piece of someone's property, it would be best to consult an attorney as to how your state's law is likely to play out given the facts at hand.