What is Adverse Possession by: Wendy Moore

Some of you may have heard about this only now. Some of you may have been in this situation and were caught unaware about the process.

So what really is adverse possession in the real estate scenario? It actually refers to the occupation of land not consistent with the rights of the real owner. This basically pertains to the right of a trespasser to own land or part of it which has been in his possession for a certain period of time. The full ownership can be granted to that individual if he or she has been using that land for at least 15 years.

This old doctrine of adverse possession protects the land owner against anybody who wants to claim the property but fails to provide proof of a better land title. It protects the occupier of the land concerned from being ejected by any person who may later on discover a technical issue concerning the land’s original boundaries.

Let’s take an example.

Mr. A owns a certain piece of land which he has turned into a farm. He has been farming there for 20 years. Then comes Mr. B, the new owner of the adjacent land, who found that the fence around Mr. A’s farm was incorrectly placed inside the boundary of his property. The land owned by Mr. B had been sold several times in the past but it is only now that the boundary issue came up when Mr. B requested for a survey of his property’s boundaries.

So, can Mr. B have part of the property included in Mr. A’s land back? Does he have the right to get it back? How can the true boundary of a property be determined?

If we are to base it on the old doctrine of adverse possession, the answer is no. Mr. B no longer has the right to challenge Mr. A on this issue and recover his property. Mr. B cannot force Mr. A to move the fence back to the original and correct boundary.

In cases like this, the role of a surveyor is crucial. This is because the process of challenging a land owner on the issue of adverse possession involves several stages.

The surveyor is the right authority who can perform a check survey to determine the proper boundaries of a certain real estate property according to the original subdivision or survey plan. He will then make a drawing of the property showing the boundaries with the proper measurements and fencelines. The drawing is useful in making a comparison with other survey plans involving the property.

Getting a qualified surveyor should be a priority. Choose one who is familiar with the local area where the property is located. One who knows about the property concerned can be more reliable.

Other qualifications to look for include licenses and certifications as well as membership in professional associations. For example, in Victoria, Australia, the Surveyors Registration Board of Victoria is the agency that issues licenses to qualified surveyors. You may want to check if the surveyor you want to hire is licensed by visiting the Board’s online registry of licensed surveyors.

In terms of survey cost, there is no standard rate. Normally, the cost will depend on the size, shape and other characteristics of a property. If you would like get an idea of the amount you will need, contact a surveyor you know or you can call several surveyors and consult them about your specific situation. The information you provide on your problem and the survey required will enable them to quote you an estimated price.

On the other hand, a real estate lawyer is the best person who can give you advice whether or not you should pursue a claim on your property that was mistakenly included in another person’s property.

About The Author

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Wendy Moore is founder of http://www.affluencia.com and creator of the Get Started in Property Mentoring Program - the step-by-step, hold your hand program that gives you the tools and confidence to take your first step on the property investing ladder so you can live a life you love. To receive your F.R.E.E. Special Report and weekly how-to articles to expand your property investing toolkit, visit http://www.affluencia.com.