Adverse Possession

Adverse Possession: How Many Years of Possession Are Required?

Adverse possession has certain requirements, including the length of possession. How many years are required?

Christiane Cavaliere de Macedo

Adverse Possession: How Long Do You Need to Have Possession?

It depends on the type of mortgage: 5, 10, or 15 years. But there’s an important detail that many people don’t know—sometimes you can add your time as the owner to that of the person who owned the property before you.

How the time total works

If you purchased (even informally) from someone who already had possession, the law allows you to combine the two periods—provided that the previous possession was also continuous and peaceful.

Be Careful with Inheritance

This “cumulative period” does not apply to inherited properties. If you inherited the property from your father and he had already been living there for 20 years, you cannot simply add his time to yours—you must accumulate your own period of ownership starting from the date of his death.

Do you need to figure out if the time you've held the position is already long enough?

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