What does the doctrine of adverse possession provide?
In its most basic sense, “adverse possession” is a legal doctrine that allows a person to acquire legal ownership of property that he treats as his own, if he does so for a long enough period of time, even though the property is not his own. In other words, a person who uses another person’s property, without permission, for a long enough period of time, can acquire legal ownership of that property.

What elements need to be proven?

1. The statutory period of time of possession. In most states, this period is between 10 and 20 years.
2. Open, visible, and notorious. The adverse processor must physically occupy the property so as to put the owner on notice of the possession.
3. Actual and exclusive - the property must be occupied by the adverse possessor. The planting of crops, grazing of animals, or building of a structure on the land constitutes physical occupancy.
4. Continuous and peaceful. The property cannot be taken by force from the owner and the statutory period of time of possession must be continuous.
5. Hostile and adverse. The property must be occupied by the possessor without expressed or implied permission of the owner.

Did the Witts act ethically in claiming title to someone else’s land?

Team C had differing opinions regarding whether the Witts actions were ethical or not. The group agreed that the Witts proved adverse possession under the state law and should be allowed to retain the property. The Witts thought that the land belonged to them, which was why the put a pool, playground and garden on the property.
Should they be allowed to benefit from their own mistake?

The law allows for this benefit. It is unfortunate; however, the Shaughnesseys could have prevented this issue by having the land surveyed and marking their property line.

What should owners of property do to protect themselves from adverse possession claims?

Owners of property should protect themselves from adverse possession claims by inspecting their property on a regular basis to ensure that nobody else has been using it or building on it. Owners should also have their property surveyed by a professional surveyor. Owners should report trespassers immediately to local law enforcement. Another way is to pay attention to what is going on at the properties surrounding your land. Whether your neighbor is installing a deck, a shed, a driveway extension, or a new fence, if the new construction is taking place on or close to the border of your land and that of your neighbors, you should check to ensure that none of the new construction is actually encroaching onto your land. If the owner wishes to allow somebody else to use a portion of their land for some extended period of time, have a qualified attorney draft up a permissive use agreement. Such an agreement can be as simple as an authorization to utilize a small portion of land, or, it can go much further and discuss such issues as payment for this use, contribution towards repair costs/work, liability for injuries or damages that result from the use of the land, etc. Permissive use cannot be adverse possession.