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Real Property • Adverse Possession
PROP#150
Legal Definition
The possessor must enter without the owner's permission. In a concurrent estate, a co-tenant must oust the other co-tenants or explicitly claim exclusive dominion to create adverse possession. Where a grantor conveys land but stays in possession, they are presumed to be there with permission. Similarly, where a tenant stays in possession after a lease expires, permission is presumed.
Plain English Explanation
A claim of adverse possession must be possession that is adverse to the interests of the true owner. In other words, if the true owner of a parcel of land gives you permission to be there, then you are not adversely possessing, you are a guest.
In situations where a parcel of land is owned by more than one co-tenant, the only way for a single co-tenant to claim adverse possession against the others is to explicitly kick them out and exclude them from the property.
In situations where a parcel of land is owned by more than one co-tenant, the only way for a single co-tenant to claim adverse possession against the others is to explicitly kick them out and exclude them from the property.
Hypothetical
Hypo 1: Amy owns Whiteacre, a large parcel of land she rarely visits. Bob trespasses on Whiteacre one day and decides he wants to build a house. Bob sets up a fence, builds a house, and lives there for 19 years. Amy decides she misses Whiteacre and goes to visit. She immediately sees Bob's house and knocks on the door to ask what he is doing. Bob says, "I live here. This is my land." Amy says, "Actually, no, this is my land, however, I see you put a lot of effort in looking after my land, so I give you permission to stay here for the time being." Result: By giving Bob permission to be on Whiteacre, Amy has destroyed his adverse possession claim before the statutory period ended.
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 "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?
