I would say generally, no. Most statutes require "actual" rather than "constructive" possession. You may want to re-submit with your specific state in the question.

In California, it turns out, possession may be through your tenant. We just won our case and gained title through adverse possession where our tenant has occupied the property for the past 10 years. Case law establishes that occupancy by a tenant of the "adverse possessor" has the same legal force and effect as the occupancy by the person claiming by adverse possession. Kellogg v. Huffman (1934) 137 Cal. App. 278,284.

Congratulations! As I indicated, statutes are state specific. While you are on the "left" coast, I am on the "right" coast where things tend to be interpreted more conservatively. Thank you for the updated response.

Generally the period for adverse possession is fifteen years unless the owner is under some sort of disability such as infancy, imprisonment or other types. In that case the time is twenty five years.

§ 8.01-236. Limitation of entry on or action for land.

No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first accrued to such person or to some other person through whom he claims; provided that an action for unlawful entry or detainer under § 8.01-124 shall be brought within three years after such entry or detainer.

(Code 1950, § 8-5; 1954, c. 604; 1977, c. 617; 1978, c. 471.)

§ 8.01-237. Effect of disabilities upon right of entry on, or action for, land.

Notwithstanding the provisions of subsection A of § 8.01-229, no disabilities or tacking of disabilities shall preserve to any person or his successors a right to make entry on or bring an action to recover land for more than twenty-five years after such right first accrued, although such person or persons shall have been disabled during the whole of such twenty-five years.

(Code 1950, §§ 8-7, 8-8; 1977, c. 617.)

The period after which a claim can be made is 20 years. The claim must then be perfected by a court decree that vests title in the claimant. For a good article on adverse possession in Massachusetts see the link provided below.

http://massrealestatelawblog.com/2010/06/02/when-good-fences-make-upset-neighbors-adverse-possession-in-massachusetts/

That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.

You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.

That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.

You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.

That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.

You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.

That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.

You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.

Every state has different laws regarding adverse possession. You need to discuss your particular situation with an attorney. In general, the five elements that must be met to have a claim of adverse possession are that the possession are as follows:


1. Open and notorious. Your possession must be in a manner that is overt (done right out in the open), not covert. Your possession must be seen. That gives the owner notice that you are in possession and the opportunity to eject you.
2. Actual and uninterrupted. That means that you actually have possession and control over the land in question, without the owner's consent, and that possession is not only occasional.
3. Exclusive. You are the exclusive possessor and actually entered the property for the required period of possession which varies in different jurisdictions.
4. Hostile. That means that you treat the land in question as your own against the rights of the legal owner. Adverse possession is not created when you have the permission of the landowner to use his land (so a long-term tenant cannot claim adverse possession).
5. Made under a claim based in good faith. Those seeking equity must do equity. So if you acted in bad faith somehow, your claim would be barred. For example, moving the fence to a position where you knew it didn't belong would be considered bad faith.

You must have met all five of these elements to qualify for adverse possession. You have the burden of proving you met each element. You must have met these elements for the statutory period required in your state. In most states your title would need to be perfected by a court action.

If you believe that you have a claim of adverse possession, or are facing an adverse possession lawsuit, you should see a real estate attorney immediately. Adverse possession is a complicated area of law, and you don't want to take it on without the guidance of a qualified counselor at law. You should consult with an attorney who specializes in real estate law.

Chapter 950 Oregon Laws 1999 Session Law AN ACT HB 2383 Relating to adverse possession; creating new provisions; and amending ORS 105.620. Be It Enacted by the People of the State of Oregon:SECTION 1. ORS 105.620 is amended to read: 105.620. (1) A person may acquire fee simple title to real property by adverse possession only if: (a) The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years; (b) At the time the person claiming by adverse possession or the person's predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief: (A) By the person and the person's predecessor in interest, continued throughout the vesting period; (B) Had an objective basis; and (C) Was reasonable under the particular circumstances; and (c) The person proves each of the elements set out in this section by clear and convincing evidence. (2)(a) A person maintains "hostile possession" of property if the possession is under claim of right or with color of title. "Color of title" means the adverse possessor claims under a written conveyance of the property or by operation of law from one claiming under a written conveyance. (b) Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the requirements of subsection (1)(a) of this section. (3) As used in this section and ORS 105.005 and 105.615, "person" includes, but is not limited to, the state and its political subdivisions as created by statute. SECTION 2. The amendments to ORS 105.620 by section 1 of this 1999 Act apply to claims filed on or after the effective date of this 1999 Act. Approved by the Governor August 16, 1999 Filed in the office of Secretary of State August 16, 1999 Effective date October 23, 1999

http://www.leg.state.or.us/99orlaws/sess0900.dir/0950ses.html

In Washington State, the elements that must be met to have a claim of adverse possession are as followed: The possession must be..........

1. Exclusive. Only you, or people authorized by you, can have possession of the land in question for the required period of possession (which is 10 years). Courts have ruled that the possession does not have to be absolutely exclusive, so you will want to discuss your particular situation with an attorney (see below).

2. Actual and uninterrupted. That means that you actually have possession and control over the land in question, and that possession is not interrupted by an adversary. 3. Open and notorious. An adversary must be aware that his land is being taken. But you don't have to write the landowner, or anything like that. Your possession must be in a manner that is overt, not covert. 4. Hostile. That means that you treat the land in question as your own, and defend it against the world. Adverse possession is not created when you have the permission of the landowner to use his land (so a long-term tenant cannot claim adverse possession).

(Chaplin v. Sanders , 100 Wn.2d 853 , 857, 676 P.2d 431 (1984)) You must meet all four of these elements to qualify for adverse possession. You have the burden of proving you met each element. You must have met these elements for a minimum of 10 years.

Alternatively, if you have held a property for seven years under a "good faith color of title" and have continuously paid all taxes on that property for seven years, you need only prove actual, open and notorious possession to establish adverse possession. See RCW 7.28.070 . If you believe that you have a claim of adverse possession, or are facing an adverse possession lawsuit, you should see a real estate attorney immediately! Adverse possession is a complicated subject, and you don't want to take it on without the guidance of a qualified attorney at law. To find an attorney in your area, you can follow the link below, which is to the Washington State Bar Association's Lawyer Search. The type of lawyer you want is a Real Property or Real Property/Land Use attorney. Or use your phonebook to look for an attorney near you who offers free consultations.