Understanding Adverse Possession
The doctrine of adverse possession permits a party in possession of real property to acquire legal title as a result of use or enjoyment over a specified period of time.
In Missouri, the time specified by statute is 10 years. In Illinois, adverse possession can be obtained in seven years where the party claiming ownership to property has “color of title,” that is, a written instrument or other evidence which appears to establish title but does not in fact do so, or in 20 years where claimant lacks color of title.
To prevail on a claim of adverse possession, a party must prove that his occupation and use of the land was (1) actual, (2) hostile and under a claim of right, (3) open and notorious, (4) exclusive and (5) continuous for the number of years required by law.
Defending Your Interests Against Adverse Possession
On behalf of insured owners and lenders the attorneys of Hein Schneider & Bond P.C. have defended against many adverse possession claims by squatters or parties claiming an adverse interest in insured property, and have also used the doctrine of adverse possession beneficially on behalf of insured owners and lenders to establish prescriptive easements to gain access to landlocked parcels. Call 314-863-9100 or contact us online for a consultation.