Adverse Possession & Take Back Possession Guide
Reclaiming Your Property After an Illegal Eviction

If you have been illegally evicted from property you rightfully occupy, you may have a legal path to take back possession under Adverse Possession laws. This process protects your rights, restores lawful occupancy, and transforms the matter into a civil dispute — not a criminal trespass.

Why Legal Possession Matters

Adverse possession requires continuous, open, and legal possession of the property. If you have been wrongfully removed, you must take lawful steps to restore your possession before you can successfully claim ownership rights.
Step-by-Step Procedure

1. Take Back Legal Possession
 

• Return to the property in a peaceful and non-destructive manner.

• Avoid any acts that could be seen as forced entry or criminal behavior.

• Document the condition of the property upon re-entry with photos, videos, and witness statements.
   

2. Complete an Adverse Possession Affidavit
 

• This is a sworn statement outlining:

  • Your history of occupancy

  • The date you first took possession

  • The wrongful eviction details

  • Evidence of your claim (utility bills, tax payments, maintenance records, etc.)
     

• Present this affidavit to law enforcement if your presence is questioned. This helps clarify that the matter is a civil property dispute.
   

3. File a Civil Claim for Adverse Possession
 

• File in the appropriate court (usually Superior or District Court) in the county where the property is located.

• Include:

  • Complaint for Adverse Possession

  • Your Affidavit

  • Evidence of continuous, exclusive possession and improvements

  • Proof of wrongful eviction
     

• Request an injunction to prevent further interference.
   

4. Maintain Continuous Possession
 

• Keep living in or using the property openly and without permission from the adverse party.

• Continue paying property taxes if possible.

• Make necessary repairs and improvements.
   

5. Build a Strong Case
 

• Keep all receipts, tax statements, photographs, and correspondence.

• Maintain a log of each day you occupy and maintain the property.

• Use witness affidavits from neighbors, contractors, and other credible sources.
   

Why This is a Civil, Not Criminal, Matter

Once you take possession and file your claim, you establish an active legal dispute over ownership rights. This shifts the matter to civil court jurisdiction, meaning police should not treat your occupancy as trespass — especially when you have an affidavit and court case number.
Important Legal Notes
 

• Laws vary by state; consult with a qualified attorney for jurisdiction-specific requirements.

• Adverse possession timelines range from 3–20 years depending on location.

• Filing your court case as soon as possible strengthens your legal position.

We Can Help

Our office provides:
 

• Custom Adverse Possession Affidavit preparation

• Court claim drafting and filing

• Step-by-step possession recovery strategy

• Ongoing legal guidance during your possession period
   

⚠️ Disclaimer: This page provides general legal information and is not a substitute for personalized legal advice. Always confirm procedures and timelines in your state.