What is adverse possession?

Adverse possession is a legal concept in Washington (as it is in other states) that allows one person to gain ownership of real property that they did not originally own. It usually occurs when someone has been using the property for a long period of time, usually at least five years, without the owner’s permission. In other words, it is a situation in which someone has “taken” or “occupied” the land without the landowner’s permission or knowledge. In order for a person to claim adverse possession, they must show certain elements. These elements include open and notorious possession of the land, exclusive possession of the land, actual possession of the land, and continuous possession of the land for at least five years. Additionally, the person claiming adverse possession must also demonstrate that the landowner was aware that their property was being used, and yet, failed to take any action. If all the elements of adverse possession are met, the occupant of the land may be able to gain legal title of the property. This means that the occupant can become the rightful owner without having to go through a court process. In Washington, anyone claiming adverse possession must present evidence to show that they have met all the elements in order to gain title of the property.

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What is adverse possession?

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