Adverse Possession Law: Everything You Need to Know


It is easy to make mistakes when it comes to establishing property boundaries.  In many instances, homeowners may install fences or build structures that actually invade their neighbors’ property.  In these cases, legal action may occur.  However, if the encroachment is left unaddressed for a certain period of time, the encroaching homeowner may gain the rights to that land.

What is Adverse Possession Law?

Adverse possession is a real estate or property law where ownership of another person’s land can be acquired through possessing or using the property for a particular period of time. In Connecticut, one must have possessed the land for 15 years and used it openly and without any interruption to qualify for adverse possession of the land.

This law protects someone who may have used a particular land for an extensive period of time from being evicted by the owner who later uncovers a technical fault concerning his or her land’s original boundaries. For example, a structure, footpath, driveway, or fence may have been wrongly placed past its proper boundary. When the owner of the property whose land has been trespassed notices the default after 15 years in Connecticut, he or she may lose the rights to claim back the encroached land.

What is a professional boundary survey?

Filing a claim based on adverse possession is not a simple matter. In such cases, the services of boundary surveyors will be needed. In a professional land survey, the service provider will be asked to perform a “check survey.” This is where he or she will determine the right boundaries of the land as per the original survey or subdivision plan. The drawings of the surveyor will show the correct land boundaries and how the fence lines appear on the land. A comparison will then be made to determine any discrepancies.

Hiring the Services of Land Surveyors in CT

There are many land surveying companies in the market today. However, it is important to hire one that is acquainted with your local area. Find out if the company is licensed by the state to offer survey services. Only hire licensed and insured land surveyors.

Key Takeaways:

  • Adverse possession is a property law where ownership to another person’s land can be attained through using the property for an extended period of time.

  • In Connecticut, adverse possession is granted after 15 years of openly using a land without interruption.

  • When one files an adverse possession claim, a professional boundary survey will be done on the disputed land.

  • The right surveyor for hire is one who is acquainted with the local area and is licensed by the state.

Need Help? If you’re interested in completing a land survey or have been told that you need one, contact us today to request a quote!




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