Losing Your Property to Acquisitive Prescription

KVV Inc Attorneys

Published on: 04/03/2025

This "civil possession" requires physical control with the intent to own, regardless of awareness of true ownership. Possession must be without force, secrecy, or permission. A recent case highlights the risk: a neighbor's 31-year open use of a portion of a company's land as a nursery and park, despite some illegal activities, resulted in the court awarding ownership to the possessor. Property owners should actively monitor their land and take action against any unauthorized occupation to avoid losing ownership or facing prescriptive servitudes. Buyers should thoroughly investigate properties for potential occupiers before purchase.