Adverse possession is a legal concept that allows someone to claim ownership of land if they use it for a long time under certain conditions, even if it originally belonged to someone else. In Tennessee, there are specific rules and a long timeframe to meet these requirements. Adverse possession happens when someone who doesn’t legally own a piece of property takes possession of it and uses it as their own. If they do this long enough, they can become the legal owner. However, they must meet several conditions to succeed. To claim adverse possession in Tennessee, these conditions must be met:
- Exclusive Use: The person claiming the land must be the only one using it. They cannot share possession with the original owner or anyone else.
- Actual Use: The claimant must physically use the property. This could mean living on it, farming it, or making improvements like building a fence or a shed.
- Adverse Use: The use of the land must be without the permission of the actual owner. It should be clear that the person is asserting control over the property against the owner’s rights.
- Continuous Use: The person must use the land without interruption for a continuous period. In Tennessee, this period is twenty years.
- Open and Notorious Use: The use of the land must be obvious to anyone, including the original owner. It shouldn’t be hidden or secretive; it should be clear that the claimant is treating the land as their own.
To successfully claim adverse possession, the person must provide clear and convincing evidence that all these criteria have been met. This means they need to show that their use of the land was exclusive, actual, adverse, continuous, and open for the entire twenty-year period. The possession must be so evident that the true owner either knows about it or reasonably should know about it. The adverse possessor’s actions on the land should leave no doubt that they are claiming ownership. “Color of title” refers to a situation where a person has a document that appears to give them title to the land but is actually invalid. This document might be a deed or another legal paper that is defective for some reason. While adverse possession without color of title requires twenty years of meeting the necessary conditions, having color of title can sometimes help the adverse possessor by making their claim appear more legitimate. But in Tennessee, the period is still twenty years regardless of whether the adverse possessor has color of title or not. If someone meets all these conditions and has used the land for twenty years, they can become the legal owner, even if they don’t have any formal title or paperwork to the property. Essentially, the law recognizes their long-term use and control of the land as a valid claim to ownership. Several court cases in Tennessee show how these rules are applied. In Moon v. Buff, the court emphasized that adverse possession requires possession to be exclusive, actual, adverse, continuous, open, and notorious for the required period of twenty years. The court also noted that the burden of proof lies on the party claiming adverse possession to demonstrate these elements by clear and convincing evidence. Similarly, Walker v. Huff, stated that adverse possession must be maintained in an open and notorious manner to warn the true owner of a hostile claim. This case also highlighted that the period for common law adverse possession without color of title in Tennessee is twenty years. In Wilson v. Price, the court dealt with a dispute over a strip of land and found that the defendant’s use of the plaintiff’s property was permissive, thus failing to meet the criteria for adverse possession. This case underscores the importance of the possession being adverse and not permissive. Another important case, Hightower v. Pendergrass, further clarified that the elements of hostility and exclusivity are crucial for establishing adverse possession. The court found that the recognition of the claim by the predecessor and the continuous use of the property without cessation were sufficient to establish adverse possession. Adverse possession in Tennessee is a complex process that requires meeting strict criteria over a long period. Understanding these requirements is crucial for anyone involved in a property dispute or looking to claim ownership through adverse possession. It’s important to remember that the process is not easy and requires a thorough understanding of the law and substantial evidence. Legal advice and consultation can be invaluable in navigating these waters. At King Law, we have a team of attorneys that can help you navigate these issues without worrying about overlooking important details. If you or someone you know is dealing with a property dispute, it is important to act quickly and seek legal assistance. We understand the sensitivity and complexity of these situations and are here to help. Contact King Law Offices today at (888)748-KING (5464) for a consultation.