You might strongly believe that owning a property and having a clear title means that you have unshakeable ownership of the property forever. Unfortunately, that is not the case. Especially if another party is attempting to claim your land through adverse possession. Here is what you need to know.
The risk of adverse possession
Adverse possession describes a legal doctrine allowing a person without valid title to eventually obtain legal ownership of a property. This concept usually involves someone occupying neglected land for an extended period. While it might sound alarming, the law establishes very strict criteria before courts might grant this ownership transfer. Property owners generally have significant time to notice the trespasser and take legal action.
What are the legal requirements for an adverse possession claim?
To succeed, a claimant typically needs to prove control, intent and notice. The occupation generally must be open and notorious, meaning the person does not hide their presence. Furthermore, their presence might need to be exclusive and hostile to the true owner’s rights. In Indiana, claimants generally need to possess the land continuously for at least 10 years. During this timeline, they are also required to pay all taxes and special assessments due on the real estate. If the person fails to meet even one of these elements, their claim usually falls apart.
How an attorney might help
If someone asserts a claim against your property, an attorney experienced in Indiana real estate law may help you file an action to recover possession. Early intervention often protects your rights before a trespasser fulfills the lengthy statutory timeline.
