What is an adverse possession claim?

Adverse possession is a legal claim to a property when a person other than the legal owner of the property occupies it. In Virginia, adverse possession claims are typically made against real estate that has been abandoned, or when the owner has not used it for an extended period of time. To make a successful adverse possession claim in Virginia, the person occupying the property must meet a list of criteria. This criteria includes occupying the property continuously for 15 or more years, managing the property in good faith and with the intention of claiming the property as their own, and having no permission from the legal owner to be on the property. A successful claimant must also pay the taxes and any special assessments due on the property. An adverse possession claim is a way for a person who is not the legal owner to gain legal ownership of a property. This claim can be used as a way to clear up legal issues such as boundary disputes and incorrect deeds. Often, the successful claimant will gain exclusive rights to the property and will be able to use it as their own. It is important to note, however, that in Virginia, adverse possession may not be used to gain ownership of public roads or land owned by the government or a public entity.

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