Adverse possession—sometimes called squatter's rights—occurs when a person or entity who does not own a certain piece of real property occupies or uses it in a way that is adverse to the owner of the property—meaning the use is in conflict or at odds with the property owner’s interests.

If this adverse possession or use of the property meets the legal standard for adverse possession—often described as use that is continuous, exclusive, hostile, open, and notorious—and continues for the prescribed period of time (usually specified in the state statute)—the person or entity adversely possessing or using the property will acquire ownership of the property (title). This ownership will result in the changing of boundary lines.

Because the required adverse possession must be open, obvious, and adverse to the owner’s interests, title may only be acquired by adverse possession to the portion of property that is used in that way.

Adverse possession laws vary from state to state and may be located in a state’s court opinions (also known as common law or case law) or, more often, in its statutes.

In Virginia, adverse possession laws allow a person to claim ownership of a property if they have occupied it in a manner that is hostile, actual, open, notorious, exclusive, and continuous for a statutory period. The statutory period required for adverse possession in Virginia is typically 15 years, as outlined in Virginia Code § 8.01-236 and § 8.01-237. However, if the person claiming adverse possession has a color of title (a claim to title that appears valid but may have a legal defect) and pays taxes on the property, the period is reduced to 5 years under § 8.01-236(A). Adverse possession claims in Virginia must be proven by clear and convincing evidence, which is a higher standard of proof than the preponderance of the evidence standard used in many other types of civil cases. It is important to note that adverse possession does not apply to land owned by the Commonwealth of Virginia or other governmental entities. Individuals who believe they may have a claim or are defending against a claim of adverse possession should consult with an attorney to understand their rights and the complexities of the law.