Adverse Possession: Three Takeaways from a Recent Real Estate Case
People buying real estate typically define the boundaries of their purchase via a survey and, ultimately, a deed conferring title. After closing occurs, most people do not revisit the specifics of the boundaries surrounding their property—or how much they own—until they decide to modify a site or ultimately sell. The exception to the norm is when a dispute occurs.
The Virginia Court of Appeals recently reviewed a claim for permanent use of another’s land in Southampton Quarry LLC v. Ford. In Southampton, a quarry company (Southampton) appealed the decision of a trial court to confirm an easement by prescription asserted by a neighboring property owner (the Fords). In Virginia, claims for easements by prescription are recognized by establishing a use that is:
(1) adverse or hostile;
(2) under a claim of right;
(3) continuous;
(4) uninterrupted,
(5) with the knowledge and acquiescence of the owner of the land over which it passes; and
(6) for 20 years.
In contrast, claims for adverse possession seek to establish fee simple, or complete ownership, of another’s property. The statutory period for adverse possession is 15 years in Virginia, and an asserting party must show that they had exclusive use of the land in question (which is not required for an easement by prescription).
The Fords sued Southampton to establish their right to permanent use (via an easement) of a path that permitted them to travel from their property over the Southampton property to reach the James River. The Court of Appeals reversed the trial court’s finding of an easement by prescription, noting that the use of the pathway was not hostile (or without permission) for the entire twenty (20) year period. I recommend that property owners consider the following based on this decision:
All parties in the chain of title might be relevant to a claim. The Fords purchased their property in 2021 and relied on the concept of “tacking”—or building on the ownership period of predecessors in title to establish the statutory period of twenty (20) years for the easement river path easement. The Court found that a prior owner’s partial ownership in Southampton—combined with permission to use the quarry—negated the hostility element for the requisite 20 years. Those claiming adverse possession outside of the 15 or 20 year statutory periods should therefore be mindful of prior owners’ affiliation or use.
Plats and other documentary evidence of the purported right are important —however, can be undercut by testimonial evidence. Here, surveys and subdivision plats dating back to the 1940s were admitted into evidence by the trial court to review the potential boundaries of the easement. Nonetheless, it was the specifics of the witnesses’ testimony that ultimately led to the Court of Appeals’ reversing the trial court’s confirmation of an easement by prescription. I recommend that parties review the title report associated with property in order to “compare” previous descriptions of a property with their current property—keeping in mind that testimony will also be a critical part of their claim for permanent use or ownership.
Disputes surrounding ownership can be costly and time-consuming. Here, the Fords filed suit against Southampton in February 2022, shortly after they purchased their property. Ultimately, the September 2025 Court of Appeals decision was over 3.5 years later, and reversed their initial victory with the trial court. I recommend that parties explore whether an amenable resolution (i.e., a boundary line adjustment, deed modification, or other agreement) can be achieved before pursuing litigation.
Theodora Stringham focuses her practice on bringing solutions-oriented representation and zealous advocacy to complex issues impacting individuals, organizations, and businesses. Ms. Stringham seeks to understand clients’ concerns and provide thorough and strategic options aimed at achieving their goals. She has been recognized for her work in the Real Estate, Labor and Employment, and Commercial Litigation practice areas, providing counseling and litigation support for a wide variety of concerns.