In Iowa, How Can I Claim a Property I've Taken Care of and Paid Taxes On for Years?

This question came from one of our users:

How do I start gaining possession of a property that I have taken care of and paid property taxes on for the last 20 years? I also have the deed of the property and the homeowner's blessing to put the property in my name 20 years ago.

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Ownership rights are complex, and navigating property claims should be undertaken under the advice of knowledgeable legal counsel. If you have paid taxes on a property and paid taxes on that property for years, there may be a way for you to claim ownership of that property.  

Although paying property taxes and caring for a property will not automatically give you ownership rights in the property, if you have lived on the property for an extended period of time, taken care of the property as any other owner would, and have paid property taxes on the property, you may have a case for adverse possession. 

Claiming adverse possession means that you file a claim in court, asserting certain facts (more information on facts that need to be met below) to have your ownership interest in a property recognized. 

I will explain the elements of an adverse possession claim in more detail below.  

What is Adverse Possession? 

Adverse possession is a legal doctrine that can transfer ownership to someone who has occupied the property for a specific period (the time period depends on State law) and met certain other requirements. 

First, you must have a claim of right to the property.  A claim of right means that you have an actual claim to the property. This is what warrants taking the property under adverse possession. To meet the claim of right requirement, you must occupy the property, use or improve the property (such as by building structures, altering it, or improving the land in some way) as if you were the true owner of the property.

If you treat the property as your own without paying rent, acknowledge that someone else has the property's title, or admit you do not have the title to the property, there is a presumption that you are the true owner. Essentially, you must know the property is not yours. This establishes the claim of the right. Additional requirements for adverse possession are below. 

Generally, the elements of adverse possession are as follows: 

• Actual Physical Possession: First, you must be physically present on the property, treating it as your own and potentially making improvements or paying taxes. 
• Continuous and Uninterrupted Possession: You must live on the property for a specific period (this varies by State, but usually 10-20 years).  

Be aware that while the use needs to be continuous, it does not mean you must be on the property 24/7.  

For example: Leaving the property for a grocery run would not break the continuous use requirement.  Abandoning the property for a significant period and then returning to the property would. Also note what the use of the land was intended for, if for example a piece of property is only used seasonally, like an orchard, continuous use might look differently as the owner would only notice the use of the land during certain periods.  

• Hostile Use: No, you aren't storming the castle here! Hostile use means that the use of the property must be without the owner's permission and against the owner's interest.  

For example: Neighbor A intentionally builds a fence several feet onto Neighbor B's property. Neighbor A builds the fence, knowing that it is on Neighbor B's land. This would be a hostile use because it was done without Neighbor B's permission, and the fence infringes upon the true owner's rights (e.g., planting shrubbery where Neighbor A built the fence). Hostile doesn't necessarily mean unfriendly; it does mean the use is against the true owner's rights. This is true even if the "trespasser" mistakenly believed they were building or improving upon their own property. 

If the owner of the property has given you permission to be on the property or you pay rent to the owner of the property, your use is not considered hostile, and you will not meet the standard for adverse possession.  

• Open and Notorious Possession: Your use of the property must be visible and obvious for all to see and not hidden.  

For example: Neighbor A consistently uses a private driveway on their neighbor, Neighbor B's property, or (as in the example above) builds a fence that encroaches on Neighbor B's land, clearly displaying occupation and control of the property. These two actions are considered open and notorious because they are visible and easily observable by the real owner, Neighbor B, and the public at large. Neighbor A's use of the property has to have put the real owner, Neighbor A, on notice that the land is being used in a way that suggests ownership by another person not authorized to do so. 

• Exclusive Possession: You must be the sole person using the property and not allowing others to use it.  

For example: Neighbor A constructs a building (like a shed, barn, or house) on someone else's land and uses it as their own. This demonstrates exclusive use, especially if they keep others from using the building that they constructed. 

If a person were to build a cabin on another person's land and live there continuously for the State's statutory period (e.g., 10 years), they have likely established exclusive use. They must have kept others, and the true owner, from using the property. 

• Paying Property Taxes: In many states, paying property taxes on the property you are claiming ownership of is a key requirement to establish adverse possession. 

Color of Title 

It is important to mention that the law of adverse possession is helpful to a person who occupies property under the color of title, i.e., believing that they own the property, but with documentation that is legally faulty in some way. You can bring an action to quiet title (to perfect your title) under the theory of adverse possession if you discover that you do not have a full, valid title to the property.  

You will have to prove the elements of adverse possession as explained above, that you lived on the property for the necessary period of years, you have paid the taxes, improved the land, etc., and believed that you had a good title to the property. Under a claim of adverse possession, a court might determine that you have acquired a good title by adverse possession.  

Simply, if you have the color of the title and you are also in adverse possession, you will have an advantage. For example: If you have occupied only a portion of a property, if you have the color of title, you may eventually gain ownership of the entire parcel. If you do not have the color of the title, you can only acquire ownership of the part of the property you have occupied through adverse possession. 

Filing a Claim for Adverse Possession 

1. Property Claim: You must have an actual claim to the property, as if you were the owner, either by color of title or meeting the elements of adverse possession.  
2. Clear and Convincing Evidence: You need to provide strong evidence to support your claim, such as photographs, receipts for work done on the property, or testimony from neighbors.  
3. Filing: You will need to file a quiet title action in the appropriate court in the jurisdiction where the property is located to establish your ownership. 
4. Attend a Hearing: Once you have filed a claim for the quiet title with the court, the court will set a date for a hearing on the petition for quiet title.  You will attend a hearing, likely with the property owner, in front of a judge. At this hearing, you will present your case for adverse possession using facts to support the elements of adverse possession as explained above.  
5. Present a Solid Case: You must successfully convince a judge, with clear and convincing evidence, that you have fulfilled all the state requirements for adverse possession.  
6. Judgment: If the court is convinced that you have adversely possessed a property, you will receive a judgment for adverse possession to perfect the title to the property. A perfect title allows you to sell the property as you will be deemed the valid and legal owner of the property.  

How to Remove an Adverse Possessor 

Now that we have explained how to claim adverse possession. Let's explore how you may be removed from a property 

1. The true property owner must serve you a formal eviction notice.  

Possible eviction notices (varying by State law) can include:  

1. A three-day notice to pay or quit (for nonpayment).  
2. A seven-day notice to cure or quit (for lease violations).   
3. A three-day unconditional notice to quit (for endangering the health or safety of others). 
4. The owner must file a complaint of forcible detainer, usually in a Small Claims Court.  
5. The court will issue a summons to be served on you as a "tenant" by a third party, like a local sheriff or professional process server.  
6. The owner must attend a hearing (as described above) to present evidence of lawful ownership of the property to the judge.  
7. If the court confirms ownership, the judge will issue a writ of possession ten days later, authorizing the sheriff to remove you as the attempted adverse possessor.  
8. Sometimes, the sheriff will give you up to 72 hours to move off the property, after which the officer will return to remove you if you remain on the property forcibly. 

For specific questions regarding gaining possession of a property that you have taken care of and paid property taxes on for 10 to 20 years, seek the advice of legal counsel.  

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Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.

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