A person can obtain ownership of property under certain circumstances by occupying it in violation of the owner’s right to exclude others from the property. This process of obtaining ownership of property through hostile occupation is known as adverse possession. A real estate attorney can help you understand the requirements for obtaining ownership of property through adverse possession in Missouri.
Legal Requirements for Adverse Possession in Missouri
Under Missouri law, a person can obtain ownership of property through adverse possession by meeting certain criteria, which include:
- Physically occupying and using the property
- Visibly using the property, such that the public and the property owner would notice the occupier’s presence and use
- Exclusively possessing the property, the rightful owner cannot occupy or use the property simultaneously
- Occupying and using the property without permission from the rightful owner
- Continuously occupying and using the property for at least 10 years
In some cases, a person may rely on a predecessor-in-interest’s prior occupancy and use of the property to meet the 10-year occupancy requirement.
Common Scenarios for Adverse Possession
Some of the common situations where a person may obtain property interests through adverse possession include:
- Building a shed, driveway, or fence on the other side of a property line
- Farming unoccupied land
- Using a vacant lot for business or trade
- Driving across adjoining property to reach a public road
Proving Adverse Possession in Court
A person claiming ownership of a property through adverse possession must present sufficient evidence to prove they meet all the criteria for adverse possession. Common examples of evidence used in adverse possession cases include:
- Photographs documenting the claimant’s occupancy and use of the property for the required 10-year period
- Witness testimony corroborating the claimant’s occupancy and use of the property
- Records of paying property taxes and utility bills
- Receipts or invoices for improvements made to the property
A person may pursue a claim of adverse possession by filing a quiet title action against the record owner of the property. Alternatively, a person may raise adverse possession as a defense against an ejectment action filed by the property’s owner. If a person can prove to the court that they have met all the criteria for adverse possession, the court will issue a judgment declaring the individual the fee simple owner of the disputed property. However, failing to prove adverse possession may lead the court to order the claimant to vacate the property. As a result, you can give yourself the best chance of success in an adverse possession claim by obtaining legal representation.
Contact a Real Estate Attorney Today
Adverse possession can provide a powerful tool to confer ownership of property you have occupied, used, maintained, and improved. However, meeting all the requirements for adverse possession can prove challenging. When you have occupied property in Missouri for an extended period, you may have the right to claim ownership of the property through adverse possession. Contact Uthoff, Graeber, Bobinette & Blanke today for a free initial consultation with our legal team to learn more about how to obtain adverse possession in Missouri.