Possessing Real Estate for Free

There is a basic way to take possession of property without ever having to pay a dime to any owner or holder of the title. Homesteading is largely recognized as something out of a western, but it is legally still in play today. Squatting is a method that many believe in, but it has no legal relevance or definition so for the purposes of this article that one will be left out, and adverse possession is the last and also has the most legal support.

In order for someone to obtain adverse possession of a property they first and foremost must be trespassing. While trespassing is illegal and an eviction can be served to remove the trespasser from the property, if no notice is served within a specific amount of time then it is looked upon the same as if the owner had given permission to stay on the property. The property must be used and improved upon; you cannot just hang out on the property. If it is farm land it must be farmed, if there is shelter on the property their must be improvements made, if there is no shelter some must be built. The property has to be in actual use.

Use of the proper must be open and blatant; you can't sneak around and avoid being caught by the owner. It must be a form of common knowledge that someone other than the owner is in possession of, and using the land. Use of the land as well as access of the property must be occurring without permission from the owner. If the owner does give permission you know longer have rights to lay claim on the property, however you do gain the right to stay there. The owner and the trespasser cannot share any common property, shelter, or other improvements on the land. If you have built a home on the property it must be solely for your use and at no time may it be shared with the owner of the property. The last and often most difficult rule to adhere to is that the land must be occupied continuously. In every state there is a statute of limitations that state if you follow the above rules for a pre determined amount of time then ownership will be transferred over. That amount of time can range from 10 years to well over 20 and is determined by the state.

Homesteading is essentially the same with a few exceptions. Homesteading usually occurs on property that has been abandoned or is owned by the government, and once all of the requirements are filled you do not get a title or deed, you just get to remain on the property as if it were your own. There is no threat of it being taken from you as long as you have some representation on the land.