{"id":376900,"date":"2016-03-31T21:37:07","date_gmt":"2016-04-01T02:37:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-adverse-possession-laws.html"},"modified":"2017-09-22T14:27:56","modified_gmt":"2017-09-22T19:27:56","slug":"virginia-adverse-possession-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-adverse-possession-laws.html","title":{"rendered":"Virginia Adverse Possession Laws"},"content":{"rendered":"\n
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Virginia Adverse Possession Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Virginia Adverse Possession Laws at a Glance<\/h2>\n

Continuous trespassers’ rights, or "adverse possession<\/a>" laws, an individual who inhabits and improves an otherwise neglected piece of real estate may claim title to that property after a certain amount of time has passed. Typically, the trespasser must possess the property publicly and, in some cases, pay property taxes as if he or she owned the property. Under Virginia adverse possession laws, a person may acquire title after inhabiting a property for 15 years.<\/p>\n

A Brief History of Adverse Possession Laws<\/h2>\n

Adverse possession laws originated in Roman law, which permitted an individual using (or otherwise in possession) of an item to claim it as theirs if the original owner was absent for a period of one to two years. But this claim was not valid under Roman law if the item was stolen. Adverse possession was eventually adopted throughout Europe and now is considered part of American common law.<\/p>\n

Elements of an Adverse Possession Claim<\/h2>\n

These laws are an extension of trespassing laws, since the statute of limitations for trespassing must expire before the individual in possession of a property may claim title. In other words, the squatter gets title almost by default if the legal time limit has passed. Generally, someone who wishes to claim adverse possession of a property must meet the following criteria:<\/p>\n