Adverse Possession as a Cause of Action in Connecticut

Adverse possession is a legal doctrine that allows an individual to gain ownership of property by occupying it in a manner that meets specific legal requirements. In Connecticut, the burden of proving adverse possession is on the claimant, who must present clear and positive proof. The law sets a high standard for establishing adverse possession to ensure rightful property owners are not deprived of their rights without sufficient justification.

The Connecticut Supreme Court in Caminis v. Troy explained the elements necessary to prove adverse possession. A claimant must show the following:

1. Ousting the owner and keeping them out for fifteen years without interruption.
   The claimant must occupy the property continuously for at least fifteen years. Any significant break in possession can restart the fifteen-year clock. This uninterrupted possession must exclude the rightful owner.
2. Open, visible, and exclusive possession.
   The occupation must be obvious and apparent to anyone, including the true owner. It cannot be secretive. The claimant must also have exclusive possession, meaning they act as if they are the sole owner, without sharing control of the property.
3. Possession under a claim of right.
   The claimant must assert their possession as a right, not as a temporary arrangement or with the permission of the owner. This element indicates that the claimant is treating the property as their own and intends to claim ownership.
4. Intent to use the property as their own without the consent of the owner.
   The adverse possessor must occupy the property with the intent to treat it as their own and without the true owner’s permission. Consent or a lease agreement would prevent a claim for adverse possession.

In Connecticut, claims of adverse possession are governed by General Statutes § 52-575(a), which sets the fifteen-year limitation period for such claims.

Find the Law

The elements of adverse possession are summarized in Caminis v. Troy, 300 Conn. 297, 311 (Conn. 2011), citing Woodhouse v. McKee, 90 Conn. App. 662, 669 (2005):

“To establish title by adverse possession, the claimant must oust an owner of possession and keep such owner out without interruption for fifteen years by an open, visible and exclusive possession under a claim of right with the intent to use the property as his own and without the consent of the owner.”

Clear and positive proof is required, making adverse possession a difficult claim to establish.