What is adverse possession and how long does someone need to occupy land to claim it?

How the answer differs across 8 jurisdictions

The Short Answer

Adverse possession is a legal way to gain ownership of land by openly, continuously, and exclusively occupying it without the owner’s permission for a set period — usually 10 or 20 years in Canada, depending on the province and whether the land is registered or unregistered.

10 years
Typical limit
20 years
Older title limit
Open use
Required element
Exclusive
Required element
The Short Answer

Adverse possession in Ireland is a legal process where a person who occupies someone else’s land without permission may acquire legal ownership after 12 years of continuous, open, and exclusive possession.

12 years
Required period
Open use
Possession type
Exclusive
Occupancy requirement
Without consent
Key condition
The Short Answer

Yes, you can claim ownership by adverse possession in India if you openly, continuously, and exclusively possess someone else's land for 12 years (for private land) or 30 years (for government land) without permission or objection.

12 years
Private land
30 years
Govt. land
Hostile
Possession type
Open
Possession type
South KoreaFull article
The Short Answer

Acquisitive prescription (adverse possession) in South Korea is a legal method to acquire ownership of real property by openly, peacefully, and continuously possessing it for a statutory period—20 years for ordinary cases or 10 years if done in good faith and with just title.

20 years
Ordinary period
10 years
Good faith period
Real property
Subject matter
Open & peaceful
Possession type
The Short Answer

Yes, you may be able to claim adverse possession of registered land in England and Wales after 10 years — or 12 years for unregistered land — if your occupation was factual, exclusive, open, and without the owner’s consent.

10 years
Registered land
12 years
Unregistered land
Actual use
Required control
No consent
Key condition
US-CaliforniaFull article
The Short Answer

Yes, you can claim adverse possession in California, but only if you openly, continuously, and exclusively occupy someone else’s land for at least 5 years while paying property taxes and meeting other strict legal requirements.

5 years
Minimum occupation period
Taxes paid
Required for claim
Open & notoriou
Occupation standard
Hostile claim
No permission allowed
US-New YorkFull article
The Short Answer

To claim adverse possession in New York, you must openly, notoriously, exclusively, continuously, and hostilely possess the land for 10 years without the owner's permission.

10 years
Required period
Open use
Use must be visible
Hostile claim
No owner permission
Exclusive
Sole possession
The Short Answer

In Japan, adverse possession of real property requires continuous, peaceful, open, and exclusive possession for 20 years (or 10 years with just title and good faith), plus registration after acquiring ownership.

20 years
Standard period
10 years
Good faith period
Just title
Required for 10-year rule
Registration
Mandatory step

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.