Adverse possession: Taking property without payment

Adverse possession: Taking property without payment

| May 5, 2020 | Litigation |

Adverse possession is a simple concept. It is when one person occupies land that technically belongs to another person. They do so with the intention of possessing it as their own property, even though they do not have a title to the property.

Adverse possession is an interesting concept, because anyone who lives on someone else’s land for an extended length of time may eventually claim legal title to that land in some circumstances. If they are able to prove adverse possession, then they won’t have to pay for the land. 

Connecticut does recognize adverse possession as a possible method of getting the title to a property. To do this within the state, you would need to live on a property, uninterrupted, out in the open and in exclusive possession of the facilities without interruption for at least 15 years. 

Making an adverse possession claim is difficult. The person making the claim needs to show that:

  • They have been in continuous possession of the property
  • They have lived there openly so that anyone would know they had been there
  • They are maintaining the property and paying taxes
  • They are using the property as their own while excluding others from using it
  • They are using the property without a license, rental agreement or other agreement with the owner

Whether you want to make an adverse possession claim or have someone who is trying to claim that your property is now theirs, it’s a tough situation to be in. Our website has more information on adverse possession laws and what you can do to make your claim or defend your right to your property.