Adverse Possession

If only our predecessors had the technology and surveying tools as we do today. Time and time again, we find that property boundaries or recording of property have not been done correctly for decades. So, what can you do if you have been using this property for all that time? Adverse possession is the legal solution on how to acquire the entirety of what you believed to be your property.

Simply put, when you occupy land that is not yours, this is called trespassing. However, if the owner does not have you removed, and you occupy, use, control, and possibly even pay the taxes, then over time, the law will consider you to be the owner. However, adverse possession has elements that must be met before you can acquire the land:

1. Actual Possession: you must actually occupy the land and use it for what it was intended for.

a. Farming farmland, mowing the yard, etc.

2. Open Possession: your use of the land can be easily seen by others.

a. No being sneaky or surprises that you were there

3. Exclusive Possession: you believe the land to be yours, so you keep everyone else off of it, including the owner.

4. Notorious Possession: others know of your activities on the land, nor are you keeping it a secret.

5. Hostile or Adverse Possession: you do not have the permission to be on the land.

6. Continuous Possession: you use the property on an ongoing and uninterrupted basis.

Gruebele v. Geringer, 640 NW2d 454 (ND 2002).

Pursuant to N.D.C.C. §28-01-07, North Dakota wants to protect the original homeowner’s legal rights, which is why the above elements must be met. Not only that, but the continuous possession must be for at least 20 years (10 years if you have been paying taxes on the property) before you can even bring an adverse possession claim before the court.

If you have recently done a survey or discovered that you have possession of land that is not yours and fall within the elements above, you may need to open an adverse possession claim. Here at the Boppre Law Firm, we can help you navigate the court system to quiet the title and help you acquire all of the land within your rightful possession.