What is adverse possession?

Adverse possession is a legal concept found in Virginia real estate law that allows someone to become the owner of land without the need to buy it from the original owner. This occurs when a person moves onto a piece of property, meets the necessary requirements of the law, and is able to establish that they have been possessing the land openly and without interruption for a certain amount of time. In Virginia, the minimum statute of limitations for adverse possession is 15 years, meaning that a person must possess the land for at least 15 years in order to become the legal owner of the property. Adverse possession can also take place when someone improves the land by building a road, or erecting a fence or other permanent structure. In such cases, the owner must establish that the improvements were made in good faith and that they have been in possession of the land for at least 15 years. If successful, they may be able to gain legal ownership of the land.

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