title by prescription

In Anglo-American property law, adverse possession refers to holding property against the owner's will, with a claim of right. This concept evolved from the English common-law idea of seisin, where possession was held with a rightful ownership interest. If someone was wrongfully dispossessed (disseised), legal actions were available to reclaim the property. In the United States, statutes of limitation set time limits for owners to act, after which an adverse possessor can gain legal title.1

Prescription, a related legal concept, involves the lapse of time creating or destroying rights. It can be acquisitive, allowing someone to gain title after a specified period, or extinctive, barring legal actions. Originating in Roman law, prescription initially offered a defense for long-term landholders and later evolved into a means of acquiring ownership, often requiring good faith and title, or simply continuous possession for an extended period. Modern justifications include avoiding proof difficulties and inferring ownership from long-continued use. In the U.S., adverse possession is more commonly used than prescription, but both concepts ultimately address how prolonged possession can lead to legal title.23