Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River

March 1, 2016

The basic elements a party must demonstrate to successfully claim adverse possession are essentially the same throughout these states. One must show by clear and convincing evidence that he or she has actually and exclusively possessed the land in an open, notorious, continuous, and hostile/adverse manner under claim of right for the statutory period. Where the states differ is in how their laws define “hostile/adverse,” the sufficiency of possession required under their laws, the length of their respective statutory periods, and the requirement of a few other idiosyncratic elements.

Click here for analysis of adverse possession laws of the 26 states east of the Mississippi River.

The analysis was provided by Adam Leitman Bailey, founding partner of the law firm Adam Leitman Bailey PC in New York, and Matthew Eichel, a third year law student at the Benjamin N. Cardozo School of Law.


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