Property Law - Possession

Possession is a property right or interest through which one can exercise dominion or control over something to the exclusion of all others. The owner of real property has the right to exclusive possession of her land, which includes the airspace above and the space below the surface within the exterior boundaries of the property.

An owner of real property is not entitled to possess all space above her land outward to infinity but has the right to be free from those intrusions into the space that would interfere with the reasonable occupation and QUIET ENJOYMENT of the surface. A landowner, therefore, owns as much of the space above the ground as he can possess or use in connection with the land.

Possession of property adverse to the rights of the true owner results in acquisition of title by the possessor under the doctrine of ADVERSE POSSESSION. The doctrine is based upon statutes that limit the time for recovery of property, thereby operating as a bar to one's right to recover property that has been held adversely by another for a specified length of time. For example, if A builds a fence two feet inside B's property and B fails to take legal action to have the fence removed during the specified time period, A will acquire title to the property that the fence encroached.