06/07/2026
Adverse possession in Tennessee allows a squatter to legally claim ownership of a property if they occupy it continuously, openly, and without the owner's permission for a minimum of 7 years. The specific time period depends on the claimant's legal standing and requires strict fulfillment of several statutory criteria.Required Occupancy PeriodsWith Color of Title (7 Years): If the claimant has a deed or document they believe provides them title (even if defective), the possession period is 7 years. Tennessee Code requires that this assurance of title must be recorded in the county register's office for the full 7-year term.Without Color of Title (20 Years): If the claimant has no document, deed, or paper title to claim ownership, the required continuous period of occupation extends to 20 years.Core Legal RequirementsFor a claim of adverse possession to succeed, the occupant must prove that their possession was:Hostile: The land is occupied without the owner's permission.Actual: The claimant physically lives on, uses, and cares for the property as if it were their own (e.g., clearing land, farming, or building on it).Open and Notorious: The occupation is obvious and apparent to the public and the legal owner; it cannot be secretive.Exclusive: The property is not shared with the true owner or the general public.Continuous: The use of the property is uninterrupted for the full statutory period.Payment of Property TaxesIn addition to the standard requirements, the claimant typically must pay the property taxes assessed on the land during the possession period. A claimant cannot claim time toward their adverse possession for any period during which the actual record owner paid the property taxes.Perfecting the TitleAdverse possession is not granted automatically; the claimant must file a lawsuit, often called a "quiet title" action, in a Tennessee court to legally secure the title and have their ownership rights formally recognized.To review the state statutes governing limitations on real actions and adverse possession, you can read the Tennessee Code Title 28, Chapter 2.
