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Real Property • Adverse Possession
PROP#146
Legal Definition
The possession must be continuous and begins to run when the true owner can first bring suit. Constant use is not required, so long as possession is of a type the usual owner would make. An adverse possessor may also tack his possession onto periods of previous adverse possession by parties with whom they are in privity.
Plain English Explanation
Let's break the answer down:
(1) Adverse possession is, at its core, a claim that a trespasser is making better use of land than its true owner, so the law should give them legal title over the land. For this to work, the trespasser's actions don't "start the countdown clock" until the true owner is able to make a claim. In other words, if the true owner is in prison, or in a coma, or is still a minor, then the clock doesn't start ticking because the true owner doesn't have a chance to try to kick the trespasser out.
(2) Constant, daily, uninterrupted use of the land isn't necessary to meet the "continuous" requirement. The land merely needs to be used continuously for its usual purpose. For example, if the property in question is a winter cabin, then not using it during the summer would be fine.
(3) "Tacking" is an important part of adverse possession, and often tested. Imagine a piece of property in a jurisdiction that goes by the standard 20 year requirement for adverse possession. This means that for 20 years, the elements of adverse possession must be met in order for a successful claim. So what happens if Amy adversely possesses for 10 years, then leaves, and then Bob steps in and adversely possesses for 10 years? Nothing. Each period of 10 years is treated independently. However, if Amy adversely possessed for 10 years and then sells her interest to Bob, or leaves it to him upon her death, Amy's 10 years is "tacked on" to Bob's 10 years, which adds up to the required 20 years.
(1) Adverse possession is, at its core, a claim that a trespasser is making better use of land than its true owner, so the law should give them legal title over the land. For this to work, the trespasser's actions don't "start the countdown clock" until the true owner is able to make a claim. In other words, if the true owner is in prison, or in a coma, or is still a minor, then the clock doesn't start ticking because the true owner doesn't have a chance to try to kick the trespasser out.
(2) Constant, daily, uninterrupted use of the land isn't necessary to meet the "continuous" requirement. The land merely needs to be used continuously for its usual purpose. For example, if the property in question is a winter cabin, then not using it during the summer would be fine.
(3) "Tacking" is an important part of adverse possession, and often tested. Imagine a piece of property in a jurisdiction that goes by the standard 20 year requirement for adverse possession. This means that for 20 years, the elements of adverse possession must be met in order for a successful claim. So what happens if Amy adversely possesses for 10 years, then leaves, and then Bob steps in and adversely possesses for 10 years? Nothing. Each period of 10 years is treated independently. However, if Amy adversely possessed for 10 years and then sells her interest to Bob, or leaves it to him upon her death, Amy's 10 years is "tacked on" to Bob's 10 years, which adds up to the required 20 years.
Related Concepts
How do adverse possession claims affect covenants?
How do adverse possession claims affect future interests?
How do adverse possession claims work against government property?
How does a land owner's disability affect an adverse possession claim?
In assessing a claim of adverse possession, how is the "actual and exclusive" requirement satisfied?
In assessing a claim of adverse possession, how is the "adverse or hostile" requirement satisfied?
In assessing a claim of adverse possession, how is the "open and notorious" requirement satisfied?
What is required to successfully establish a claim of adverse possession?
