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It is called adverse possession. Laws vary in different states so you would need to contact a real estate attorney in your state to see if your situation meets the criteria to claim adverse possession of the portion of the property in question.
In my home state (Pennsylvania) the requirements of your use of the property to claim title by adverse possession are: 1) 21- years 2) Open (meaning you are openly or apparent to anyone using the property) 3) Hostile (your use of the property is hostile to the interest of the record owner) 4) Without permission (if you are using someone else’s property with permission it does not matter for how long, open, or hostile your use is – you cannot later claim adverse possession)
Very few land titles derive from adverse possession and it is highly unlikely, absent a court decree from a court of final jurisdiction, that a title insurance company would take on insuring title to land acquired by adverse possession.
Having said all that, I’m a mortgage banker with a title insurance company background, so this is strictly for information purposes and it is not legal advise as I am not an attorney. Consult with a competent real estate attorney in your state please!
What’s it called when a property owner, by all appearances, vacates certain property that his neighbor actually has used thru the years as if he owned it. i.e. undeveloped property outside of fenced boundaries?