Adverse possession: Can your neighbor claim part of your yard?

As unbelievable as might seem, in some situations, your neighbor can legally claim ownership of a portion of your property. It often happens after years of informal use or assumptions about where the property line actually exists.

It’s a legal concept known as adverse possession. If you’re facing a boundary dispute, understanding how it works is crucial.

What is adverse possession?

Adverse possession allows someone to acquire legal ownership of land to which they don’t hold title. There are five very specific requirements that a person must meet for adverse possession to occur:

1. They physically used the property (actual).
2. It was obvious they were using the property (open and notorious).
3. The owner didn’t permit them to use the property (hostile).
4. They used the property for at least 15 uninterrupted years (continuous).
5. They controlled the property as their own (exclusive).

If even one of these elements is missing, the claim will fail.

Adverse possession arises from everyday scenarios, such as the following:

• Your neighbor maintained gardens or landscaping across the boundary line.
• Someone installed a fence several feet over the property line decades ago.
• A shed, garage or other structure encroached onto adjoining land.

The use of the real owner’s property usually doesn’t surface or become a problem until one homeowner decides to sell, refinance or commission a new survey.

How an adverse possession allegation might be defended

One of the most important defenses to adverse possession is permission. If the property’s real owner allowed the neighbor to use the land, even if it was informal, the use isn’t considered “hostile,” and the claim fails.

Therefore, it’s essential to document any agreements about shared use of property. Even a simple written acknowledgement can prevent a future ownership claim. The key is not to let 15 years pass without taking any action.

If you believe your neighbor is encroaching on your property, you should contact a legal representative immediately. They can assess the situation, explain your options and help protect your property rights.