Can I claim adverse possession of inherited property?
It is possible to acquire ownership of inherited property through adverse possession, provided you meet certain requirements. Find out if you can acquire ownership of inherited property through adverse possession!
Yes, it is possible to acquire a property through adverse possession if it was inherited.
Even though the general rule states that assets from an estate can only be transferred through probate, the Superior Court of Justice (STJ) has already recognized that an heir may acquire ownership of a property from the estate through adverse possession on their own—in specific situations.
The requirements
- Exclusive ownership — you cannot share the property with other heirs
- A smooth and peaceful inauguration, with no challenges from the other heirs
- Act like a real owner (pay taxes, make renovations)
- Serving the minimum sentence on your own —you can't add it to the deceased's sentence
Real-life example (case decided by the STJ)
A son lived in the house with his deceased mother for 30 years and was granted extraordinary adverse possession, even without a formal probate proceeding—because he met the above requirements by taking possession of the property himself.
Did you inherit a property and have been living there for years without formal documentation?
Contact Tettu to find out if your case qualifies.