adverse-possession-claim

name	adverse-possession-claim
title	Adverse Possession Claim
description	Drafts adverse possession complaints and quiet title pleadings. Structures jurisdictional foundations, legal property descriptions, and element-by-element proof of actual, open, continuous, exclusive, and hostile possession. Use when filing adverse possession claims, quiet title actions, or prescriptive ownership pleadings.
author	CaseMark
author_url	https://github.com/CaseMark/skills/tree/main/skills/legal/adverse-possession-claim
license	Apache-2.0
version	0.1.0
execution_mode	open
jurisdiction	us
practice	real-estate
language	en
tags	["drafting","litigation","pleading"]

Adverse Possession Claim

Drafts a litigation-ready complaint seeking judicial recognition of title through adverse possession against a record title holder.

Prerequisites

Collect before drafting:

1. Jurisdiction — state adverse possession statute, statutory period (5–30 years), tax payment prerequisite
2. Parties — full legal names and addresses for claimant (possessor) and respondent (record holder)
3. Property documents — recorded deeds, surveys, title reports, plats, assessor's parcel number
4. Possession evidence — time-stamped photos, utility bills, tax records, maintenance records, owner correspondence
5. Witnesses — neighbors or others who observed possession across the statutory period

Workflow

Step 1 — Caption & Jurisdiction

• Identify correct court (general civil, land court, or property division)
• Cite statutory authority for adverse possession and venue (property location)
• Name claimant as plaintiff/petitioner, record holder as defendant/respondent
• State exact statutory period with citation

Step 2 — Property Description

• Complete legal description (lot/block, metes and bounds, or government survey)
• Street address and assessor's parcel number
• If partial parcel: delineate area with measurements, markers, survey references
• Describe structures, fences, improvements on claimed land
• Confirm description meets jurisdictional standards for a court decree affecting title

Step 3 — Possessory Elements

Draft element-by-element proof with factual support:

Element	Establish	Evidence
Actual	Physical occupancy — structures built/maintained, land cultivated, activities conducted	Photos, permits, receipts
Open & notorious	Visible to owner on reasonable inspection — fencing, buildings, landscaping	Dated photos, neighbor testimony
Continuous	Unbroken for entire statutory period; explain gaps and why continuity preserved	Occupancy timeline, utility bills, tax records
Exclusive	Possessed as owner would, excluding record owner and public	Testimony, locked gates/fences