Wyoming Adverse Possession Laws
Have you ever heard about urban squatters taking over a downtown building - and then refusing to leave? Or how about someone who had a bunch of land out in the country but lost some of it to trespassers. Under the law, the act of trespassing for so long that you gain a right of ownership is a real thing. Albeit, there are some very specific rules involved.
This legal process is known as “adverse possession,” and can be pretty disconcerting to a layperson. So how does adverse possession work, and how does the Cowboy State treat cases under state law? This is a brief summary of adverse possession laws in Wyoming.
Adverse Possession Laws in General
The legal doctrine known as "adverse possession" stretches back a long way and is designed to encourage landowners to keep an eye on and make beneficial use of their land. The concept allows trespassers to gain legal title to property by openly inhabiting and improving the property and meeting some other specific conditions. Under Wyoming's adverse possession law, an individual must occupy property for at least 10 years before the possibility of ownership.
Adverse Possession in Wyoming
The main provisions of adverse possession laws in Wyoming are highlighted in the chart below.
|Code Section||1-3-103, 104|
|Time Period Required for Occupation||10 yrs.-|
|Time for Landowner to Challenge/Effect of Landowner's Disability||After disability lifted: 10 yrs.|
|Payment of Taxes||-|
|Title from Tax Assessor||-|
The minimum time requirement is not the only hurdle for most adverse possessions. Generally speaking, a trespasser must also prove four additional elements to have a legitimate adverse possession claim:
- There must be a “hostile” claim: the trespasser must either
- Make an honest mistake (like relying on an incorrect deed);
- Merely occupy the land (with or without knowledge that it is private property); or
- Be aware of his or her trespassing;
- There must be actual possession: the trespasser must be physically present on the land, treating it as his or her own;
- There must be open and notorious possession: the act of trespassing cannot be secret; and
- There must be exclusive and continuous possession: the trespasser cannot share possession with others, and must be in possession of the land for an uninterrupted period of time.
Related Resources for Wyoming Adverse Possession Laws
Real estate and land use law can be confusing. You can visit FindLaw’s adverse possession section more introductory information and resources. If you want to understand your rights and responsibilities as a landowner or discuss a real estate case or adverse possession matter, you can also contact a Wyoming real estate attorney.
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