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Adverse Possession

Adverse Possession

Learn about the five elements necessary to advance an adverse possession claim to property: possession that is continuous, hostile, open and notorious, for the statutory period, and exclusive.


Welcome to Adverse Possession!

First, we’ll introduce the basic concept of adverse possession, and then we’ll survey the elements, using the (hopefully) helpful mnemonic CHOSE—you need possession that is Continuous; Hostile; Open and notorious; for the Statutory period; and Exclusive. See Jarvis v. Gillespie, 587 A.2d 981 (Vt. 1991) (hereinafter Jarvis) as reproduced in Bruce and Ely, infra, pp. 497-501; accord Chaplin v. Sanders, 676 P.2d 431 (Wa. 1984) (hereinafter Chaplin), as reproduced...