Wang & Sun: Adverse Possession of Forestland
In Disputes of Adverse Possession on Forestland and the Determinants of Case Outcomes, authors Hui Wang (Economics and Management, Beijing Forestry University, China) and Changyou Sun (Forestry, Mississippi State University) examine the statistics of winning and losing adverse possession claims on forestland in the United States.
Private owners control the majority of forestland across the US. Wang and Sun highlight how, over time, this private ownership has become fragmented, leading to more land title disputes. One particular type of claim the authors focus on is adverse possession, or the process of claiming title to land by holding or using the land for a long period of time. Claims of adverse possession on forestland are unique due to the often sparse or seasonal ‘use’ of forestland. By examining actual claims of adverse possession, the underlying facts, and their ultimate outcome in a court of law, Wang and Sun identify the most pertinent factors for these adverse possession claims.
Although each state sets their own length of time for which a claimant must ‘adversely possess’ land to claim title, Wang and Sun identified several commonalities across the United States. For example, the authors identify that even when controlling for the actual time land is adversely possessed, judges are more likely to deny claims of adverse possession when the statutory length is longer. Further, the authors highlight that the type of activity for which the land is used is less important in determining the outcome than duration.
By identifying the most relevant factors used by judges when deciding claims of adverse possession on forestland, Wang and Sun provide landowners and potential litigants with important information regarding rural claims of adverse possession. This research not only informs litigants of successful strategies but also identifies important ways landowners can protect themselves from potential adverse possession claims.
