Limiting adverse possession of real property. (FE)

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under this bill, a person may only obtain title to real property by adverse possession if: 1) a court is unable to identify or locate the record title owner or the record title owner's successor in interest; or 2) a principal building has been located on the real property for at least the required number of years of uninterrupted adverse possession.

Under current law, adverse possession is a method by which a person may obtain title to real property by possessing property that belongs to another. Under current law, to adversely possess land, a person must take actual, physical possession of real property in a manner that is hostile, open and notorious, and exclusive to the record title holder. To obtain title by adverse possession, a person must continuously adversely possess property for at least 20 years. However, shorter periods of ten years and seven years apply in certain circumstances, such as possession based on a recorded document and the payment of real estate taxes. There is also an additional requirement if the real property being adversely possessed belongs to the state or a political subdivision, in which case the adverse possession must also be based upon a continuously maintained fence line that has been mutually agreed upon by the current landowners.

Who's behind it

2 senators are its authors⁠. All 2 are Republicans.

11 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From CTS

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment Histories
• LC Amendment Memo