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Real Property • Adverse Possession
PROP#147
Legal Definition
If a true owner was under a disability (e.g., being a minor, imprisoned, or insane) to sue when the cause of action first accrued, the statute of limitations does not begin to run.
Plain English Explanation
"Adverse possession" exists because even though the law holds property rights to be extremely important and sacred, the law doesn't want people to own land and let it go to waste. In other words, if Amy owns a plot of land that she forgets about for 20 years and Bob ends up using that land to build a home, raise a family, and contribute to society, the law is willing to let Bob legally take the land from Amy.
In this example, though, it's only fair when Amy has the freedom and ability to actually check up on her land. If Amy is under a disability that prevents her from actively monitoring the status of her land, it wouldn't be very fair to penalize her for it — and so the law doesn't. The clock for adverse possession only starts when the disability no longer exists, and a period of adverse possession may be paused if a disability occurs.
In this example, though, it's only fair when Amy has the freedom and ability to actually check up on her land. If Amy is under a disability that prevents her from actively monitoring the status of her land, it wouldn't be very fair to penalize her for it — and so the law doesn't. The clock for adverse possession only starts when the disability no longer exists, and a period of adverse possession may be paused if a disability occurs.
Hypothetical
Hypo 1: Amy owns Whiteacre. Amy never visits Whiteacre. Bob decides he's going to put a fence around Whiteacre and make it his own. After 19 years of Bob living on Whiteacre, Amy is in a car accident and is put in a medically induced coma for 12 months. When she awakens, the first thing she says is, "I need to see Whiteacre!" When she gets there, she sees Bob's house. Bob claims that he has acquired Whiteacre via adverse possession and can show that he has been on it for 20 years. Result: Though Bob has been on Whiteacre for 20 years, 1 of those years was during a period when Whiteacre's true owner, Amy, was under a disability that prevented her from checking up on her land. Thus, that 1 year does not count and Bob has not yet met his required statutory period for adverse possession.
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?
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 "continuous" 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?
