As the regional account manager and assistant vice president of
Fidelity National Title Group’s operations in Seattle and Bellevue, Washington,
Carmen Arruda assists her clients with many types of real estate proceedings.
She has experience in dealing with adverse possession issues.
When a person uses another’s real estate, over time that person can eventually gain
legal ownership of the property. The person does not even need to intend to do
so. If a neighbor accidentally puts up a fence in the wrong place, and the
property owner fails to take notice, the neighbor may end up with the right to
the land around the fence.
Though laws vary from state to state, in general the occupation must be, in legal terms,
open and notorious, hostile, actual, and exclusive and continuous. Title companies may
decline to issue insurance in the sale of property if adverse possession is found on the
property.