Adverse Possession

You asked for background information about adverse possession. You asked in connection with the apparent encroachment by a property owner on his neighbor’s property. Our office is not authorized to give legal opinions and this report should not be considered one.

Connecticut law recognizes adverse possession as a way to acquire title to property. Adverse possession is a method of acquiring title to real estate, accomplished by an open, visible, and exclusive possession uninterruptedly for a 15-year period (CGS § 52-575; Whitney v. Turmel 180 Conn. 147 (1980)). Connecticut also recognizes the right to acquire a right-of-way or other easement by continuous, uninterrupted use of someone else’s land for 15 years (CGS § 47-37).

Adverse possession can create an absolute title to real estate, which is as good as title by deed from the record owner. But adverse possession as record title requires evidence showing the existence of all elements necessary for adverse possession, and apparently this can be done only in a judicial proceeding to which those to be bound by the decision have been made parties.

The essential elements of an adverse possession sufficient to create title to land in a claimant are that the owner is ousted of possession and kept out uninterruptedly for 15 years by an open, visible, and exclusive possession by the claimant, under a claim of right, with the intention of using the property as his own, and without the owner’s consent. The possession must be hostile and under a claim of right, actual, open, notorious, exclusive, continuous, and uninterrupted (Goodman v. Quadrato, 142 Conn. 398 (1954)).

The 15-year period comes from CGS § 52-575 which establishes this time frame for an owner to assert his ownership claim over an adverse possessor.

A landowner who wishes to interrupt an adverse possession claim may serve a notice on the adverse possessor and record it on the land records. Such service and notice is an interruption of the use and possession and prevents the acquisition of a right by continuing the use and possession thereafter.

The notice must be served on the adverse possessor, his agent, or guardian if they are in Connecticut, in the same way lawsuit papers are served. Otherwise, a copy of the notice must be affixed to the house on the land in question or to some other conspicuous part of the premises. The notice and the papers indicating the notice was served must be recorded in the land records of the town where the land is located within three months after service. When the adverse possessor is unknown, the notice must be given by conspicuously posting a copy on the property, serving it on the person to whom the taxes were last assessed, and recording it on the land records.

1. PA 02-66 prohibits adverse possession claims on certain types of land owned by investor-owned water companies. The prohibition does not affect any adverse possession right in or to land acquired before October 1, 2002.

2. Possession, use, or occupancy of land belonging to a non-profit land-holding organization does not create a right in that land. The organization must be a non-profit corporation organized under Connecticut law with land conservation or preservation as one of its principal purposes (CGS § 47-27(b)).

3. The law also prohibits adverse possession on certain railroad and canal land and prohibits adverse possession by railroad companies (CGS § 47-26).

No one may acquire a right-of-way or any other easement from, in, upon, or over someone else’s land, by the adverse use or enjoyment of it, unless the use has been continued uninterrupted for 15 years (CGS § 47-37). The use must be so open, visible, and apparent that it gives land owners the full opportunity to assert their own rights (Klein v. De Rosa, 137 Conn. 586 (1957)). The law presumes that after 15 years, the holder of legal title has acquiesced in the use (Aksomitas v. Sough End Reality Co. , 136 Conn. 277 (1949)).

A landowner may give written notice to the person claiming or using the privilege of his intention to dispute the right-of-way or other easement and to prevent him from acquiring the rights. The service of the notice and recordation on the land records is deemed an interruption of the use and prevents the acquiring of the right-of-way or other easement by continuing the use thereafter (CGS § 47-38). The notice must be served in the same manner as an original summons in a civil action on the person claiming or using the way or other easement or his agent or guardian if they are in Connecticut. If not, the notice must be served on the tenant or occupants of the interest to which the easement or right-of-way is attached, or a copy must be affixed to the house or the estate or some other conspicuous part of the premises (CGS § 47-39). This notice is considered a disturbance of the right-of-way or other easement that allows the person claiming the right to go to court to settle the controversy. If he prevails, he is entitled to full costs even if he only recovers nominal damages (CGS § 47-41).


April 7, 2004		2004-R-0376
ADVERSE POSSESSION

By: George Coppolo, Chief Attorney