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Adverse possession is the process by which property can change possession. By holding the property of the true owner for a specific amount of time can cause the title of the property to change possession without compensation to the original owner. Squatting, or a form of adverse possession, consists of occupying an abandoned property that the "squatter" doesn't own, rent, or have any rights to. Adverse possession can be acquired in most states, but you must be sure to know the laws of the state and obey them accordingly to seize the property correctly and most importantly legally. In Florida, the two adverse possession limitations can be found in Sections 95.16 and 95.18, involving acquisition by executor’s sale and tax deed. Florida statutes state that the party must “possess” the property for seven years and to contact the tax assessor for at least one of those years. Also, the party must provide a “protective enclosure” or “improve” on the property during the seven year stint. Also, acquisition under the color title can occur as well , through written or recorded documentation which would include building a fence that impedes on another property or even providing improvement on others property. In California adverse possession can occur after 5 years of ownership that includes the "squatting" party to improve upon the property within the 5 years of possession. This law had been in use since the 1600’s to maximize farmland and ensure those able to make use of the land, could, and did so to keep from starving. Urban squatters have utilized the adverse possession policy to acquire abandoned buildings in the East Coast cities. In Connecticut, the possessor must claim the property for a period of 15 years and declare possession in an open and visible manner. Also, the possession must be hostile, and under a claim of right, notorious, exclusive, and continuous. The law does prohibit adverse possessions of nonprofit buildings, railroads and canal properties, as well as land owned by investor-owned water companies. In Texas, the original owner has up to 10 years to interrupt the squatters before the property title is legally turned over. Statute of limitations may be tacked on and combined by successive possessors to equal the accrued amount of time as well. All back taxes on the property should be paid by the squatter as well. In the majority of our states, due to early settlement and homestead colonization, adverse possession remains a legal way of obtaining property and if done correctly can be a way of possessing a property permanently and fairly. If this strategy is one that you are entertaining, then you should definitely consider your state’s statutes and the given time periods.
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