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Real Property • Adverse Possession
PROP#149
Legal Definition
An adverse possessor will only gain title to land they actually possessed, which they cannot share with the public or true owner. However, if they occupy a reasonable portion of the parcel under color of title to the whole parcel, they will be found to have constructively possed the whole parcel.
Plain English Explanation
Generally speaking, a claim of adverse possession only affects the portion of land actually possessed by the trespasser. It doesn't magically enable the trespasser to claim the entirety of the parcel. In other words, if Amy owns 1,000 acres of land and Bob decides to fence off a 1 acre corner of Amy's land, if Bob successfully brings a claim for adverse possession, he is only entitled the 1 acre he actually possessed. Amy's 999 remaining acres are still hers.
There is, however, an exception to this called color of title. Imagine if Carl had fraudulently sold Bob all of Amy's 1,000 acres. In other words, Carl created a fake title to the land and sold Bob this title without Bob ever realizing it wasn't real. In that scenario, if Bob occupies a reasonable amount of the entire parcel, then he can bring a claim that he adversely possessed the entire 1,000 acres. This isn't very fair to Amy, but it is the law's attempt to not let an innocent party like Bob get totally scammed by Carl. Also, it still requires Amy to completely ignore the fact that Bob is on her land, making use of it when she is not.
There is, however, an exception to this called color of title. Imagine if Carl had fraudulently sold Bob all of Amy's 1,000 acres. In other words, Carl created a fake title to the land and sold Bob this title without Bob ever realizing it wasn't real. In that scenario, if Bob occupies a reasonable amount of the entire parcel, then he can bring a claim that he adversely possessed the entire 1,000 acres. This isn't very fair to Amy, but it is the law's attempt to not let an innocent party like Bob get totally scammed by Carl. Also, it still requires Amy to completely ignore the fact that Bob is on her land, making use of it when she is not.
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 "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?
