Adverse Possession - Requirements

The basic requirement for adverse possession is that the claiming party must take exclusive possession of the property. This type of possession is called "open and notorious" or proactive and absolutely not secretive possession. Some states require that the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so. In addition, many states require concurrent the payment of property taxes for a specified period of time, and a few states also require that improvements be made upon the land. Eventually, the possessor is required to file for title with the county recorder. The actual owner then has a limited amount of time in which to challenge the newcomer's title. Essentially, the owner's only argument is to claim some sort of disability; such as age, mental instability, or imprisonment. The owner is not required to do much in order to stop the possessor from acquiring title; merely sending the possessor a note granting permission to be there will usually suffice. Various rules exist regarding the continuousness of the possession and the ability to "tack" various periods of possession together in order to satisfy the time of possession requirement; see your state codes or the code of the state in which you are interested for more detailed information.

Table 41: Adverse Possession

State	Code Section	Prescriptive Period	Occupation	Time to Challenge	Improvements	Payment of Taxes	Title from Tax Assessor
ALABAMA	6-5-200	20 yrs. Bradley v. Demos 599 So.2d 1148	and Color of Title: 10 yrs. and Payment of Taxes: 10 yrs.			10 yrs. required
ALASKA	09.45.052		and Color of Title: 7 yrs.			Not required but is considered proof Alaska Nat. Bank v. Linck 559 P.2d 1049
ARIZONA	12-522 et seq.	2 yrs. (if occupied with no claim to title)	and Color of Title: 3 yrs. or 5 yrs. if city lot	3 yrs. after cause of action arrives	Taxes plus cultivation: 5 yrs.; Cultivation only: 10 yrs.	5 consecutive yrs. before suit to recover
ARKANSAS	18-61-101, 18-11-101 et seq.	7 yrs.	Can't eject after 5 yrs.	After disability lifted: 3 yrs.		7 successive years; 15 yrs. consecutively for wild and unimproved land creates presumption of color of title
CALIFORNIA	Civ. Proc. §§318, 325, 328		and Payment of Taxes: 5 yrs.	With disability: 20 yrs.; After disability lifted: 5 yrs.		5 years required
COLORADO	38-41-101, et seq.	18 yrs.	and Color of Title/Payment of Taxes: 7 yrs.	After disability lifted: 2 yrs.		7 years
CONNECTICUT	52-575	15 yrs.		After disability lifted: 5 yrs.
DELAWARE	Tit. 10 §§7901, et seq.	20 yrs.		After disability lifted: 10 yrs.
DISTRICT OF COLUMBIA	16-1113, 16-3301	15 yrs.		With disability: max. 22 yrs.; After disability lifted: 2 yrs.
FLORIDA	95.16, 18, 191, 192		and Color of Title: 7 yrs. and Payment of Taxes: 7 yrs.		One way to possess land	7 yrs.	4 yrs.

Table 41: Adverse Possession—Continued

State	Code Section	Prescriptive Period	Occupation	Time to Challenge	Improvements	Payment of Taxes	Title from Tax Assessor
GEORGIA	44-5-161, et seq.	20 yrs.	and Color of Title: 7 yrs.	Prescriptive period does not run until disability removed.
HAWAII	657-31.5, et seq.; 669-1	20 yrs.		After disability lifted: 5 yrs.
IDAHO	5-203, et seq.		and Color of Title: 5 yrs. and Payment of Taxes: 5 yrs.	After disability lifted: 5 yrs.	Taxes plus cultivation 5 years	Required
ILLINOIS	735 ILCS 5/13-101, et seq.	20 yrs.	and Color of Title: 7 yrs. and Payment of Taxes: 7 yrs.	After disability lifted: 2 yrs.			7 yrs.
INDIANA	32-21-7-1 et seq.; 34-11-1-2	10 yrs. (15 yrs. if cause of action arose before Sept. 1, 1982)		After disability lifted: 2 yrs.		Required
IOWA	614.8, 17, 560.2	Within 1 year (after 7/1/80)	and Color of Title/Payment of taxes; 5 yrs.	After disability lifted: 1 yr.	With occupancy, one way to possess land
KANSAS	60-503, et seq.	15 yrs.		With disability: max. 23 yrs.; After disability lifted: 2 yrs.
KENTUCKY	413.010, .060, .020	15 yrs.	and Color of Title: 7 yrs.	After disability lifted: 3 yrs.
LOUISIANA	C.C. Art. 3473, et seq.	10 yrs.	and Color of Title: 10 yrs.
MAINE	Tit. 14 §§801, et seq.	20 yrs.	and Color of Title/payment of taxes: 20 years	After disability lifted: 10 yrs. notwithstanding 20 yrs. have expired		Required on uncultivated lands in unincorporated areas
MARYLAND	Cts. & Jud. Proc. §5-103, 201	20 yrs.		After disability lifted: 3 yrs.
MASSACHUSETTS	260§21	20 yrs.
MICHIGAN	§600.5801, 5851	15 yrs.		After disability lifted: 1 yr.			10 years
MINNESOTA	541.02, 15	15 yrs.	and payment of taxes for 5 consecutive years	With disability: 5 yrs. (except for infancy); After disability lifted: 1 yr.

Table 41: Adverse Possession—Continued

State	Code Section	Prescriptive Period	Occupation	Time to Challenge	Improvements	Payment of Taxes	Title from Tax Assessor
MISSISSIPPI	15-1-7, 13, 15	10 yrs.	and Color of Title: 10 years and Payment of Taxes: 2 years	With disability: 31 yrs.; After disability lifted: 10 yrs.		2 yrs.	3 yrs. after 2 yrs. from day of sale by tax collector
MISSOURI	516.010, .030	10 yrs.		After disability lifted: 3 yrs., max. 21 yrs.
MONTANA	70-19-401, 411, 413	5 yrs.	and Color of Title: 5 yrs. and Color of Title/Payment of Taxes: 5 yrs.	After disability lifted: 5 yrs.		Required
NEBRASKA	25-202, 213	10 yrs.		With disability: 20 yrs.; After disability lifted: 10 yrs.
NEVADA	11.070, 110, 150, 180	5 yrs.	and Color of Title: 5 yrs. and Color of Title/Payment of Taxes: 5 yrs.	After disability lifted: 2 yrs.		Required
NEW HAMPSHIRE	508:2, 3	20 yrs.		After disability lifted: 5 yrs.
NEW JERSEY	2A:14-30 to 32; 2A:62-2	30 yrs. or 60 yrs. if woodland	and Color of Title: 30 yrs. and Payment of Taxes: 5 yrs.	After disability lifted: 5 yrs.
NEW MEXICO	37-1-22	10 yrs.	and Color of Title/Payment of Taxes: 10 yrs.	After disability lifted: 1 yr.		Required
NEW YORK	Real Prop. Acts & Procedures 501, et seq.	10 yrs.	and Color of Title: 10 yrs.		One way to possess land
NORTH CAROLINA	1-38, et seq.; 1-17	20 yrs.	and Color of Title: 7 yrs.	After disability lifted: 3 yrs.
NORTH DAKOTA	28-01-04, et seq.; 47-06-03	20 yrs.	and Color of Title: 20 yrs. and Color of Title/Payment of Taxes: 10 yrs.	After disability lifted: 10 yrs.	One way to possess land	10 yrs.
OHIO	2305.04	21 yrs.		With disability: 21 yrs.; After disability lifted: 10 yrs.
OKLAHOMA	12§93, 94	15 yrs.		After disability lifted: 2 yrs.			5 yrs.

Table 41: Adverse Possession—Continued

State	Code Section	Prescriptive Period	Occupation	Time to Challenge	Improvements	Payment of Taxes	Title from Tax Assessor
OREGON	12.050, 160	10 yrs.		With disability: 5 yrs.; After disability lifted: 1 yr.
PENNSYLVANIA	Tit. 42§5530	21 yrs.
RHODE ISLAND	34-7-1, et seq.	10 yrs.		After disability lifted: 10 yrs.
SOUTH CAROLINA	15-67-210, et seq.	10 yrs.	and Color of Title: 10 yrs.		One way to possess land
SOUTH DAKOTA	15-3-1, et seq.	20 yrs.	and Color of Title: 20 yrs. and Color of Title/Payment of Taxes: 10 yrs.	With disability: 20 yrs.; After disability lifted: 10 yrs.	One way to possess land
TENNESSEE	28-2-101, et seq.	7 yrs.		After disability lifted: 3 yrs.		20 yrs.
TEXAS	Civ. Prac. & Rem. §16.024, et seq.	10 yrs.	and Color of Title: 3 yrs. and Color of Title/Payment of taxes: 5 yrs	With disability: 25 yrs.	Taxes plus cultivation: 5 yrs.; Cultivation only: 10 yrs.	Required
UTAH	78-12-7, 12	7 yrs.	and Color of Title/Payment of Taxes: 7 yrs.		Cultivation only: 7 yrs.	Required
VERMONT	Tit. 12 §501	15 yrs.
VIRGINIA	8.01-236, 237	15 yrs.	and Color of Title: 15 yrs	With disability: 25 yrs. max.
WASHINGTON	7.28.050, et seq.	7 yrs.	and Color of Title: 7 yrs. and Color of Title/Payment of Taxes: 7 yrs.	After disability lifted: 3 yrs.		Required
WEST VIRGINIA	55-2-1, 3	10 yrs.		After disability lifted: 5 yrs.
WISCONSIN	893.16, 25 to 27	20 yrs.	and Color of Title: 10 yrs. and Color of Title/Payment of Taxes: 7 yrs.	With disability: 5 yrs., except when due to insanity or imprisonment. After disability lifted: 2 yrs.	One way to prove possession.
WYOMING	1-3-103, 104	10 yrs.		After disability lifted: 10 yrs.