Solidify title to your property with the help of an adverse possession lawyer

People jokingly say “possession is 9/10 of the law” when they want to keep something they know they do not legally own. However, this expression is sometimes close to the truth when it comes to real estate law. The legal concept of adverse possession allows someone to gain ownership rights to real property through the act of taking possession of it without the owner’s consent.

If you are trying to prove or disprove a transfer of ownership through adverse possession, it is helpful to work with a real estate attorney who understands how courts assess claims involving this ancient doctrine. The knowledgeable team at Powers & Worshtil, P.C. is ready to help you strengthen the title to property potentially affected by adverse possession.

Requirements to Gain Ownership Through Adverse Possession in Maryland

When someone wants to make a legal ownership claim to property they believe they have acquired through adverse possession, they usually file an action for “Quiet Title” in Circuit Court for Prince George’s County. The burden is on them to show that they meet the requirements: 

• The person claiming adverse possession must have taken action to demonstrate “actual” possession of the land. The action needed will be more substantial for developed property than for wild forest land.
• Possession must be “open and notorious.” Hiding out or keeping the possessory action secret will not meet this standard. The property owner must have the opportunity to become aware of the adverse possession.
• Possession must also be “hostile,” which essentially means that the possession is not compatible with the owner’s interests and the owner has not consented to the use.
• The person claiming adverse possession must continue to exercise unbroken possession for at least 20 years.
• Possession is required to be “exclusive”

If the person trying to acquire legal ownership through adverse possession can satisfy the court that they meet these requirements, then the burden shifts to the owner to show why ownership should not transfer. For instance, the owner might present evidence that they gave permission for the use or that they took an overt act to regain possession.

An Experienced Adverse Possession Lawyer in Prince George’s County Could Help Protect Your Property Rights

Presenting substantial persuasive evidence is often the key to proving or disproving a claim for title through adverse possession. If you wish to make a claim for adverse possession or are facing a challenge from someone who claims ownership of your property, talk to a knowledgeable adverse possession lawyer at Powers & Worshtil, P.C., P.C . We have the skill and experience to successfully fight for your property rights.