| 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:
- Jurisdiction — state adverse possession statute, statutory period (5–30 years), tax payment prerequisite
- Parties — full legal names and addresses for claimant (possessor) and respondent (record holder)
- Property documents — recorded deeds, surveys, title reports, plats, assessor's parcel number
- Possession evidence — time-stamped photos, utility bills, tax records, maintenance records, owner correspondence
- 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 |
