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 ten years. In Illinois adverse possession can be obtained in seven years where the party claiming ownership to property has “color of title”, i.e. a written instrument or other evidence which appears to establish title but does not in fact do so, or in twenty 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 requisite number of years.

 On behalf of insured owners and lenders the attorneys of Sauerwein Simon 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.